On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.

Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:

Senators Kirkendoll, Cookman and Carmichael.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

A message from The Clerk of the House of Delegates announced
that that body had agreed to the changed effective date to take
effect from passage, of

A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of

Eng. Com. Sub. for House Bill No. 4496, Providing for the
allocation of matching funds from future moneys deposited into the
West Virginia Research Trust Fund.

A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to

Eng. House Bill No. 4619, Authorizing innovation school
districts.

On motion of Senator Unger, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.

Whereupon, Senator Kessler (Mr. President) appointed the
following conferees on the part of the Senate:

Senators Wells, Beach and Jenkins.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4621--A Bill expiring funds to the balance
of the Department of Administration, Board of Risk and Insurance
Management, Patient Injury Compensation Fund, fund 2371, fiscal
year 2014, organization 0218, in the amount of $2,000,000 from the
Department of Administration, Board of Risk and Insurance
Management, Medical Liability Fund, fund 2368, fiscal year 2014,
organization 0218 for the fiscal year ending June 30, 2014.

At the request of Senator Unger, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.

On motion of Senator Unger, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 85--Requesting the Joint
Committee on Government and Finance to schedule the October, 2014,
Legislative Interim Committee meetings in Morgantown.

Referred to the Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 90--Requesting the West
Virginia Department of Education and the School Building Authority
to build the needed and long overdue athletic facilities at Tug
Valley High School.

Referred to the Committee on Education.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 94--Designating April 2 as
West Virginia Autism Awareness Day.

Referred to the Committee on Government Organization.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 96--Requesting the Joint
Committee on Government and Finance study policies ensuring that
licensed athletic trainers are available during practices and games
to all interscholastic student athletes in West Virginia.

Referred to the Committee on Education; and then to the
Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 100--Requesting the Joint
Committee on Government and Finance study ways to improve the
efficiency of and find other cost saving measures within the West
Virginia Division of Highways to continue its ability to function
at top levels in the face of demanding financial circumstances.

Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 102--Urging the West Virginia
Division of Natural Resources to continue indefinitely its
regulatory policy of permitting only bow hunting during designated
deer hunting seasons in Logan, McDowell, Mingo and Wyoming
counties.

Referred to the Committee on Natural Resources.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 106--Requesting the Joint
Committee on Government and Finance conduct a study concerning the
potential implementation of a Deferred Retirement Option Plan for
troopers and employees of the West Virginia State Police.

Referred to the Committee on Pensions; and then to the
Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 108--Requesting the Joint
Committee on Government and Finance authorize a study on repealing
unnecessary or obsolete boards, councils, committees, panels, task
forces and commissions.

Referred to the Committee on Government Organization; and then
to the Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 109--Requesting the Joint
Committee on Government and Finance authorize a study on the State
Athletic Commission.

Referred to the Committee on Government Organization; and then
to the Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 117--Requesting the Joint
Committee on Government and Finance authorize a study on continuing
the Office of Emergency Medical Services as an independent office
within the Department of Military Affairs and Public Safety.

Referred to the Committee on Government Organization; and then
to the Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 118--Requesting the Joint
Committee on Government and Finance to study the allocation of
behavioral health spending on community-based support services.

Referred to the Committee on Health and Human Resources; and
then to the Committee on Rules.

A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of

House Concurrent Resolution No. 119--Requesting the Joint
Committee on Government and Finance to study the authorization of
cities and municipalities to provide a private-public financing
option for small businesses and commercial property owners in West
Virginia to improve energy efficiency and reduce business costs and
examine solutions to barriers in energy efficiency upgrades.

Referred to the Committee on Government Organization; and then
to the Committee on Rules.

The Senate proceeded to the fourth order of business.

Senator Snyder, from the Committee on Government Organization,
submitted the following report, which was received:

Your Committee on Government Organization has had under
consideration

House Concurrent Resolution No. 40, Designating "Take Me Home
Country Roads" an official state song.

And reports the same back with the recommendation that it be
adopted.

Respectfully submitted,

Herb Snyder,

Chair.

At the request of Senator Snyder, unanimous consent being
granted, the resolution (H. C. R. No. 40) contained in the
preceding report from the Committee on Government Organization was
taken up for immediate consideration.

The question being on the adoption of the resolution, the same
was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Thereafter, at the request of Senator Sypolt, and by unanimous
consent, the remarks by Senator Cole regarding the adoption of
House Concurrent Resolution No. 40 were ordered printed in the
Appendix to the Journal.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
proceeded to the sixth order of business.

Senators Stollings, Yost and D. Hall offered the following
resolution:

Senate Concurrent Resolution No. 92--Requesting the Joint
Committee on Government and Finance instruct the Joint Committee on
Health to study the benefits and costs of direct reimbursement
rates paid by the Bureau for Medical Services for mental health
therapy services that have been provided by Master’s-prepared,
independently licensed mental health therapists.

Whereas, Mental health therapy services offered for the
prevention, early intervention and treatment of mental health,
behavioral health, substance abuse and emotional conditions and
disorders are an effective and recognized course of treatment; and

Whereas, It is anticipated that improved access to quality
mental health therapy by Master’s-prepared, independently licensed
mental health therapists can effectively address, reduce and
eliminate many of the most pressing health, social and behavioral
problems facing West Virginia; and

Whereas, There are a myriad of conditions and individuals
relative to mental and behavioral health which will benefit from
Master’s-prepared, independently licensed mental health therapists.
These conditions and persons include post-traumatic stress and
traumatic brain injury patients, family dysfunction and
dissolution, children in the foster care system, juvenile
delinquents, substance abuse, truancy, domestic violence and
incarcerated individuals; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to instruct the Joint Committee on Health to study the
benefits and costs of direct reimbursement rates paid by the Bureau
for Medical Services for mental health therapy services that have
been provided by Master’s-prepared, independently licensed mental
health therapists; and, be it

Further Resolved, That the Joint Committee on Health report to
the regular session of the Legislature, 2015, on its findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriates to the Joint Committee on
Government and Finance.

Which, under the rules, lies over one day.

Senators Stollings and Yost offered the following resolution:

Senate Concurrent Resolution No. 93--Requesting the Joint
Committee on Government and Finance study the effects of using
tanning beds and their relationship with cancer.

Whereas, The Centers for Disease Control states that the use
of indoor tanning has been linked with skin cancers, including
melanoma, squamous cell carcinoma and cancers of the eye; and

Whereas, The use of a tanning bed exposes users to both UVA
and UVB rays, which damage the skin and may lead to cancer; and

Whereas, Using tanning beds also increases the risk of
wrinkles and eye damage and changes skin texture; and

Whereas, Further study is requested to ensure that all who use
tanning beds understand the risks when making the decision to tan;
therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study the effects of using tanning beds and their
relationship with cancer; and, be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

Senate Concurrent Resolution No. 94--Requesting the Joint
Committee on Government and Finance study the impact of the Common
Core State Standards on public education in West Virginia.

Whereas, The West Virginia Legislature has made student
achievement in West Virginia public schools a priority and devoted
great time and resources to improving student achievement; and

Whereas, Educators throughout West Virginia have expressed
concern about the potential impact of the Common Core State
Standards on public education in West Virginia; and

Whereas, The West Virginia Legislature and educators
throughout the State of West Virginia share the objective of
developing and enacting sound educational policies that advance the
shared goal of greater student achievement; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study the impact of the Common Core State Standards on
public education in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study the Common Core State
Standards and the appropriate use of the Common Core State
Standards by public schools in West Virginia; and, be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

Whereas, The Louis A. Johnson VA Medical Center (LAJVAMC),
named after Louis A. Johnson, Secretary of Defense for the Truman
Administration, is located adjacent to the Veterans Memorial Park
and the West Virginia State Nursing Facility in Clarksburg, West
Virginia, and was initially dedicated on December 7, 1950, and
enhanced with a clinical addition in 1989; and

Whereas, The LAJVAMC is a Level II complexity facility,
serving a veteran population of approximately seventy thousand in
North Central West Virginia and neighboring counties in
Pennsylvania, Ohio and Maryland; and

Whereas, The LAJVAMC hosts several Programs of Excellence
which have received local, state and national recognition including
the Community and Rural Healthcare Program, the Women’s Healthcare
Program, the Tele-Health Program and the Homeless Commission on
Accreditation of Rehabilitative Facilities; and

Whereas, From providing the most advanced medical care to
providing valet parking upon arrival, the LAJVAMC provides an
standard of care and an attention to detail that is unmatched by
most; and

Whereas, The unparalleled dedication and commitment of the
staff and management at the LAJVAMC, who strive everyday to give
veterans the care and attention they have earned, is what makes
this VA one of the best in the United States; therefore, be it

Resolved by the Senate:

That the Senate hereby recognizes the Louis A. Johnson VA
Medical Center for its commitment to excellence in providing care
to our veterans; and

Further Resolved, That the Senate acknowledges and appreciates
the staff and management at the Louis A. Johnson VA Medical Center
for their dedicated public service; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Louis A. Johnson VA Medical
Center.

At the request of Senator Cann, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.

Senate Resolution No. 52--Memorializing the life of Jeffrey S.
Taylor, a native of Midway, West Virginia, who gave his life in
defense of his country.

Whereas, Jeffrey S. Taylor spent his first eighteen years in
Midway, West Virginia, where he graduated from Independence High
School in Coal City; and

Whereas, Jeffrey S. Taylor enlisted in the U. S. Navy on June
20, 1994, and completed basic training in Great Lakes, Illinois, in
August, 1994. He was also a graduate of Field Medical Service
School in Camp Lejeune, North Carolina, and became a Navy SEAL
following Underwater Demolition/SEAL Training in Coronado,
California; and

Whereas, Jeffrey S. Taylor was also a Basic Airborne and
Military Freefall Parachute School graduate, and in addition to
SEAL Team Ten, his previous duty stations include the Navy Medical
Center, Portsmouth, the 2nd Marine Division, Camp Lejeune, North
Carolina, SEAL Team Eight and USS Theodore Roosevelt (CVN 71); and

Whereas, Sadly, Hospital Corpsman First Class Jeffrey S.
Taylor died June 28, 2005, while conducting combat operations in
Afghanistan. He was killed when the MH-47 Chinook helicopter he was
aboard crashed into the rugged mountains of eastern Afghanistan.
The helicopter was en route to provide support to troops on the
ground when it was shot down by enemy forces. He was assigned to
SEAL Team Ten, Virginia Beach; and

Whereas, Hospital Corpsman First Class Jeffrey S. Taylor left
behind a host of family and friends to cherish his memory,
including his wife Erin (Banghart) Taylor of Virginia Beach; his
mother, Gail Bowman of Beckley, West Virginia; brother, Brandon
Eston Cox of Wichita; his stepfather, Jim Bowman; four
stepbrothers, James Gregory Bowman, Jay Patrick Bowman, Kelly Dale
Bowman and Carl Dayton Bowman, all of Beckley; his father, John
Taylor, stepmother, Cheryl Gwinn Taylor, and his half-brothers,
Justin Alex Taylor and Josh David Taylor, all of Rainelle, West
Virginia; his maternal grandmother, Manda Elizabeth Birchfield; and
a paternal grandmother, Lucille Taylor Smith; and

Whereas, It is fitting that today we honor the life of
Hospital Corpsman First Class Jeffrey S. Taylor, who made the
ultimate sacrifice for his country; therefore, be it

Resolved by the Senate:

That the Senate hereby memorializes the life of Jeffrey S.
Taylor, a native of Midway, West Virginia, who gave his life in
defense of his country; and, be it

Further Resolved, That the Senate expresses its most sincere
condolences to the family of Hospital Corpsman First Class Jeffrey
S. Taylor; and, be it

Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Hospital Corpsman First
Class Jeffrey S. Taylor.

Which, under the rules, lies over one day.

At the request of Senator Unger, unanimous consent being
granted, the Senate returned to the fourth order of business.

Senator Stollings, from the Committee on Health and Human
Resources, submitted the following report, which was received:

Your Committee on Health and Human Resources has had under
consideration

Senate Concurrent Resolution No. 95 (originating in the
Committee on Health and Human Resources)--Requesting the
Legislative Oversight Commission on Health and Human Resources
Accountability to study the necessity and improvement of long-term
care planning in West Virginia.

Whereas, The baby boomer generation is coming of age to
retire and it is important to examine the entire spectrum of long
term care which both addresses the current and future plans of West
Virginia to care for our senior citizens; and

Whereas, West Virginia seemingly has no long-range plan to
deal with this wave of retiring and aging citizens; and

Whereas, The “baby boomer tsunami” is a reality. According to
the U. S. Census Bureau, there are more than seventy-seven million
boomers in the United States and by 2030, this demographic (born
between 1946 and 1964) will represent an estimated twenty percent
of the population. This means more than ten thousand baby boomers
will turn sixty-five every day for the next sixteen years; and

Whereas, West Virginia’s senior population presents an even
greater challenge since West Virginia is second only to Florida in
the average age of its population; and

Whereas, This is not only a statewide issue. There are
seniors who are awaiting services in certain geographic areas where
the availability of services differs simply due to location; and

Whereas, Services provided by county aging programs and their
delivery areas are limited by the funding available to meet the
needs of the retiring population; and

Whereas, There is a severe need for more resources and
placement options for West Virginia’s aging population. Some states
have Medicaid paid group homes and/or assisted living facilities
that West Virginia does not have. There would be a need for
specialized adult family care providers, who would specialize in
working with often difficult elderly consumers, which West Virginia
cannot currently meet; and

Whereas, Our existing infrastructure is already stretched
beyond capacity and an aging population is only going to continue
to overload an already overburdened system; and

Whereas, West Virginia needs to explore options and develop a
long and short-range plan to address the needs of our aging
population by addressing such areas as: Continuum of long-term
care service strategies, exploration of strategies being employed
by other states, technical assistance from the Center for Medicare
and Medicaid Services and other Federal agencies, payment formula
and fiscal analysis which impact of aging population, provider
availability by region and workforce availability by region;
therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislative Oversight Commission on Health and Human
Resources Accountability is hereby requested to study the necessity
and improvement of long-term care planning in West Virginia; and,
be it

Further Resolved, That the Legislative Oversight Commission on
Health and Human Resources Accountability report to the regular
session of the Legislature, 2015, on its findings, conclusions and
recommendations, together with drafts of any legislation necessary
to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And,

Senate Concurrent Resolution No. 96 (originating in the
Committee on Health and Human Resources)--Requesting the Joint
Committee on Health to conduct a study on the cost of emergency
transportation and billing practices of air-ambulance companies
operating in West Virginia.

Whereas, Families are occasionally faced with the difficult
decision of having to hire an air ambulance to transport their
loved ones in cases of severe and immediate medical emergencies;
and

Whereas, The emotional toll of dealing with a family member
whose medical condition is so intense and extreme can cause people
to lose sight of anything except caring for their loved one; and

Whereas, In situations where a need arises that requires a
loved one to be transported via helicopter to a health care
facility where they can receive needed and often life-saving
medical attention, the cost of the transport is not the first
consideration when making arrangements for the transport; and

Whereas, Air-transportation vendors who are not participants
in an insured plan but who transport a plan member or plan member’s
family member often submit requests for payment well beyond what is
felt to be reasonable and necessary; and

Whereas, These bills present a burden to families who, upon
receipt, attempt to make arrangements to negotiate the rate but
find that once the service has been rendered that the air-transportation company is reluctant to negotiate a reduction in the
charge; and

Whereas, Striking a balance between a reimbursement rate that
families can afford to pay and a reasonable fee for service that
provides air-transportation operators a respectable profit is a
difficult endeavor; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Health is hereby requested to
conduct a study on the cost of emergency transportation and billing
practices of air-ambulance companies operating in West Virginia;
and, be it

Further Resolved, That the Joint Committee on Health report to
the regular session of the Legislature, 2015, on its findings,
conclusions and recommendations, together with drafts of any
legislation necessary to effectuate its recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that they
each be adopted.

Respectfully submitted,

Ron Stollings,

Chair.

At the request of Senator Stollings, unanimous consent being
granted, the resolutions (S. C. R. Nos. 95 and 96) contained in the
preceding report from the Committee on Health and Human Resources
were taken up for immediate consideration.

On motion of Senator Stollings, the resolutions were referred
to the Committee on Rules.

Senator Plymale, from the Committee on Education, submitted
the following report, which was received:

Your Committee on Education has had under consideration

Senate Concurrent Resolution No. 97 (originating in the
Committee on Education)--Requesting the Joint Committee on
Government and Finance study the governance of the West Virginia
Secondary School Activities Commission.

Whereas, The West Virginia Secondary School Activities
Commission is incorporated, with the consent of the State Board of
Education, as a nonprofit, nonstock corporation; and

Whereas, The West Virginia Secondary School Activities
Commission is composed of the principals, or their representatives,
of those secondary schools whose county boards of education have
certified in writing to the State Superintendent of Schools that
they have elected to delegate the control, supervision and
regulation of their interscholastic athletic events and band
activities of the students in the public secondary schools in their
respective counties to the commission; and

Whereas, The West Virginia Secondary School Activities
Commission was in existence for fifty-one years before the
enactment of West Virginia Code §18-2-25, which allows the county
boards of education to delegate the control, supervision and
regulation of interscholastic athletic events and band activities
to the West Virginia Secondary School Activities Commission; and

Whereas, West Virginia Code §18-2-25 has not been amended
since 1967; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to study the governance of the West Virginia Secondary
School Activities Commission; and, be it

Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2015, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.

And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.

Respectfully submitted,

Robert H. Plymale,

Chair.

At the request of Senator Plymale, unanimous consent being
granted, the resolution (S. C. R. No. 97) contained in the
preceding report from the Committee on Education was taken up for
immediate consideration.

On motion of Senator Plymale, the resolution was referred to
the Committee on Rules.

On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.

Senate Resolution No. 43, Memorializing life and public
service of James Howard "Buck" Harless.

On unfinished business, coming up in regular order, was
reported by the Clerk.

At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.

Thereafter, at the request of Senator Miller, and by unanimous
consent, the remarks by Senators Chafin, Plymale, McCabe and
Kirkendoll regarding the adoption of Senate Resolution No. 43 were
ordered printed in the Appendix to the Journal.

On motion of Senator Unger, the Senate recessed for one
minute.

Upon expiration of the recess, the Senate reconvened and
resumed business under the seventh order.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page two, in the Resolved clause, by striking out the words
“Captain Isaac Alt West Virginia Militia” and inserting in lieu
thereof the words “West Virginia Militia Captain Isaac Alt”;

On page two, in the first Further Resolved clause, by striking
out the words “Captain Isaac Alt West Virginia Militia” and
inserting in lieu thereof the words “West Virginia Militia Captain
Isaac Alt”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 17--Requesting
the Division of Highways to name the bridge locally known as the
North Mill Creek Bridge on Route 220, Pendleton County, bridge
number 36-220-32.32 (36A166), as the “West Virginia Militia Captain
Isaac Alt Memorial Bridge”.

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 17), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page two, in the Resolved clause, before the word “William”
by inserting the words “U. S. Army PFC”;

On page two, in the first Further Resolved clause, before the
word “William” by inserting the words “U. S. Army PFC”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 28--Requesting
the Division of Highways to name bridge number 30-49-0.01 (30A056)
on Route 49 in Mingo County, the "U. S. Army PFC William S. (Bill)
Croaff Memorial Bridge".

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 29), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

By striking out everything after the title and inserting in
lieu thereof the following:

Whereas, USMC Private Varney served as a Marine in the Vietnam
War, receiving a Purple Heart for wounds sustained on April 14,
1968, in the Battle of Khe Sahn; and

Whereas, USMC Private Varney returned to America after the
Vietnam War and dedicated his life to serving veterans from
Southern West Virginia, establishing and assuming roles of
leadership in numerous programs to include the Commander of the
local chapter of the Vietnam Veterans of America for over twenty
years and has served in leadership positions on numerous other
veterans organizations as well; and

Whereas, USMC Private Varney was assigned to the Governor’s
Council for Veterans Issues across West Virginia; and

Whereas, USMC Private Varney served as a Veterans driver for
years transporting countless veterans to and from appointments at
the Veterans Administration Hospitals across the state to ensure
all veteran issues were addressed; and

Whereas, USMC Private Varney is solely responsible for the
survival and success of the Henlawson Veterans Center, working to
establish programs and opportunities that have assisted countless
veterans over the past three decades; and

Whereas, USMC Private Varney has served on numerous veteran
boards, committees and panels established by past governors,
elected officials and key veteran leaders to address veterans
issues such as homelessness and the creation of veteran graveyards
across Southern West Virginia; and

Whereas, USMC Private Varney has worked closely with the Logan
Empowerment, Action and Development Community Organization on
events such as Operation Santa and Operation Clean Sweep and the
Homeless Count to assist those in need, set an example for others
to follow and made Logan a better place to live; and

Whereas, It is fitting that an enduring testament be
established to recognize this native son who has so ably served his
state and his country; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name
bridge number 23-10-22.06 (23A040) on Route 10 in Logan County,
West Virginia, the “USMC Private Rudy Varney Bridge”; and, be it

Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to erect signs at both ends of the
bridge containing bold and prominent letters proclaiming the bridge
the “USMC Private Rudy Varney Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Commissioner of
the Division of Highways and Rudy Varney.;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 34--Requesting
that bridge number 23-10-22.06 (23A040) on Route 10 in Logan
County, West Virginia, be named the “USMC Private Rudy Varney
Bridge".

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 34), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page two, in the Resolved clause, before the word “Army” by
inserting “U. S.”;

On page two, in the first Further Resolved clause, before the
word “Army” by inserting “U. S.”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

House Concurrent Resolution No. 49--Requesting that the 0.2
mile of roadway beginning at the Crawley Creek exit off Route
119/27 at Chapmanville in Logan County, West Virginia, and ending
at Route 3 be named the “U. S. Army PFC Lilborn Dillon Memorial
Road”.

The question being on the adoption of the resolution (H. C. R.
No. 49), as amended, the same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

By striking out everything after the title and inserting in
lieu thereof the following:

Whereas, Kenneth A. Chapman was born September 17, 1956, a son
of the late Clarence and Pearl Chapman; and

Whereas, Kenneth A. Chapman was raised on Maple Fork Road in
Raleigh County along with his ten brothers and two sisters; and

Whereas, Kenneth A. Chapman was a third generation coal miner
who followed his father and grandfather into the mines; and

Whereas, Kenneth A. Chapman was tragically killed on April 5,
2010, along with 28 other miners in the Upper Big Branch mine
explosion; and

Whereas, Kenneth A. Chapman was a devoted family man who
always had a smile on his face, and who enjoyed hunting, fishing
and working in his garden; and

Whereas, Kenneth A. Chapman was preceded in death by three
brothers, Billy, Robert, and Clarence Chapman, and two
sisters-in-law, Carol Chapman and Joyce Chapman; and those left to
cherish his loving memory include his wife, Laura Chapman; children
by his first marriage, Donna Griffith and husband, Matthew, Vicky
Williams and husband, Richard, Kenny Chapman, Jr. and wife,
Deniese; a son by his second marriage, Michael Austin Chapman; his
other children, Jason McMillion, Carol Massey, and Jubal McMillion
and wife, Sarah; brothers and sisters, Charles Chapman and wife,
Grace, Glen Chapman and wife, Judy, Dennis Chapman and wife, Gaye,
Henry Chapman and wife, Theresia, Larry Chapman and wife, Betty,
Linda Frye and husband, Ronnie, Breanda Bailey and husband, Glenn,
Jimmy Chapman and wife, Brenda, Ronnie Chapman and wife, Lisa; and
numerous grandchildren, nieces, nephews and extended family; and

Whereas, Kenneth A. Chapman not only loved his family, he
loved his job because it was in his blood and he felt like he was
making a contribution to "help keep the lights on" for all of us;
and

Whereas, It is only fitting that we name this bridge on Maple
Fork Road to honor Kenneth A. Chapman, where he lived all his life
and is now buried; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name
bridge number 41-1-24.51 (41A009) on Maple Fork Road where it
connects with Cirtsville Road in Raleigh County, the “Kenneth A.
Chapman Memorial Bridge”; and, be it

Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the “Kenneth A. Chapman Memorial Bridge”; and, be it

Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of the
Department of Transportation and to Kenneth A. Chapman's sister,
Breanda Chapman Bailey, and family.;

And

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 52--Requesting
the Division of Highways to name bridge number 41-1-24.51 (41A009)
on Maple Fork Road where it connects with Cirtsville Road in
Raleigh County, the "Kenneth A. Chapman Memorial Bridge".

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 52), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

House Concurrent Resolution No. 59, Urging the Governor to
direct the Bureau of Senior Services to issue a report on the needs
for in-home care.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

By striking out everything after the title and inserting in
lieu thereof the following:

Whereas, The rate of disability in West Virginia is the
highest in the country; and

Whereas, Almost all older adults and people with disabilities
who need assistance with activities of daily living want to remain
in their homes and communities; and

Whereas, Providing services and supports to both people with
disabilities and people who are aging in their homes and
communities is generally much less expensive than nursing home
care; and

Whereas, The population of older adults and people with
disabilities in West Virginia is over 800,000 and is expected to
continue to increase and is projected to increase; and

Whereas, The increasing population of older adults and people
with disabilities will demand the availability of more services and
supports to enable people to remain in their own homes and
communities; and

Whereas, To successfully address the surging population of
older adults and people with disabilities who have significant
needs for long-term services and supports, the state must develop
methods to encourage and support families to assist their disabled
relatives and develop ways to recruit and retain a qualified,
responsive in-home care workforce; and

Whereas, A comprehensive approach to policy in this area is an
urgent need, and must be built on effective partnerships and
coordinated to achieve the greatest impact from available
resources; and

Whereas, The existing system is over forty years old and
cannot be sustained without creative new approaches and solutions
to the expanding needs with consideration of limited resources and
existing programs; therefore, be it

Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby
requested to conduct a study of the future needs of people with
disabilities; and, be it

Further Resolved, That the Joint Committee on Government and
Finance shall report to the regular session of the Legislature,
2015, on its findings, conclusions and recommendations together
with drafts of any proposed legislation necessary to effectuate
such recommendations; and, be it

Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

House Concurrent Resolution No. 59--Requesting the Joint
Committee on Government and Finance study eldercare and disability
care to better meet the needs of West Virginians of all
backgrounds.

The question being on the adoption of the resolution (H. C. R.
No. 59), as amended, the same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendment to the resolution, from the Committee
on Transportation and Infrastructure, was reported by the Clerk and
adopted:

By striking out everything after the title and inserting in
lieu thereof the following:

Whereas, Lester W. "Cappy" Burnside, Jr. was born in
Clarksburg in January 1934; his parents were the late Lester W.
Burnside and Louise Nowery Burnside. He graduated from Greenbrier
Military School, Lewisburg, and West Virginia University; and

Whereas, Lester W. "Cappy" Burnside, Jr. served in the U. S.
Army and retired as a Captain in the U. S. Army Reserve; and

Whereas, In January 1990, Senator Robert C. Byrd announced
that the FBI Identification Division would relocate to West
Virginia, in order to implement the Automated Fingerprint
Identification System (AFIS), a new computer system to identify
fingerprints in a matter of minutes. Just as Cappy Burnside was
taking office as President of Harrison 2000, a new economic
development initiative, the organization learned that FBI teams
would be looking in several counties for a possible site for the
facility; and

Whereas, Cappy Burnside then promptly organized an FBI
property committee, began discussions with property owners,
evaluated utility extensions to each potential site in Harrison
County and established personal relationships with FBI officials.
Each of these efforts contributed to the final chemistry for a
successful project. By late June, FBI officials asked Harrison 2000
to option 1000 acres adjacent to I-79 by August 1 of that year; and

Whereas, For a year and a half, Cappy Burnside put aside
many of his duties with his business and most of his time for
leisure with his family to concentrate on securing the FBI project
for Harrison County. He worked arduously and meticulously during
this time to accomplish numerous FBI requirements; and

Whereas, Twenty years after these events, Route 279 (Jerry
Dove Exit 124), has opened an entire area for development resulting
in Charles Pointe, White Oaks, and United Hospital Center and
further economic development and well-being of Harrison County; and

Whereas, Cappy Burnside has participated in many community
groups including: Association of Industrial Development: Board of
Directors; Clarksburg Industrial Development Corporation:
President, 1989-1990; Boy Scouts of America, Central West Virginia
Council: Board of Directors; North Bend Rails to Trails Foundation:
Advisory Board; American Society of Highway Engineers, Central West
Virginia Chapter: President, 1989; Mon Valley Tri-State Network;
Clarksburg Planning and Zoning Commission: Member; Salvation Army
Advisory Board; Clarksburg Kiwanis Club: President 1969-1970. Until
2006, he was a board member of the Friends of West Virginia Public
Radio, having also served as chair in 1995 and then as treasurer;
and

Whereas, He was president and treasurer of Consolidated
Supply Company until he closed the business in 1992 and, in recent
years, he was a consultant to building supply firms specializing in
materials for highways and bridges; and

Whereas, Naming a bridge on Route 279 for Cappy Burnside is
an appropriate recognition of his contributions to the economic
development and well-being of Harrison County; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name the
bridge on Route 279 between the FBI CJIS Division and Route 50
crossing Interstate 79, bridge number 17-279-1.66 (17A314), in
Harrison County (Jerry Dove Exit 124), the "Lester W. “Cappy”
Burnside, Jr. Bridge"; and, be it

Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Lester W. “Cappy” Burnside, Jr. Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of the
Department of Transportation and Lester W. “Cappy” Burnside, Jr.
and his family.

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 60), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page two, in the Resolved clause, line eleven, by striking
out the words “SSG Earl F. (Fred) Brown” and inserting in lieu
thereof the words “U. S. Army SSG Earl F. “Fred” Brown”;

On page two, in the first Further Resolved clause, line
fifteen, by striking out the words “SSG Earl F. (Fred) Brown” and
inserting in lieu thereof the words “U. S. Army SSG Earl F. “Fred”
Brown”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 64--Requesting
that bridge number 21-33-22.22 near the Weston exit off I-79, and
0.09 miles west of the junction of county 119/21, locally known as
Sauls Run W-Beam Bridge, crossing over Stonecoal Creek, Bars
numbers 21A094 and 21A153, in Lewis County, West Virginia, be named
the “U. S. Army SSG Earl F. “Fred” Brown Memorial Bridge”.

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 64), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page one, in the fifth Whereas clause, by striking out the
word “unknowingly”;

On page two, in the Resolved clause, before the word “Army” by
inserting “U. S.”;

On page two, in the first Further Resolved clause, before the
word “Army” by inserting “U. S.”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 65--Requesting
that bridge number 40-25/2-0.13 (40A153) on 40th Street and near
2nd Avenue in Nitro, Putnam County, West Virginia, the "U. S. Army
SP4 Harold "Skip" Grouser Memorial Bridge".

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 65), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page one, in the fifth Whereas, by striking out “Pt.” and
inserting in lieu thereof the word “Point”;

On page two, in the sixth Whereas, by striking out “Pt.” and
inserting in lieu thereof the word “Point”;

On page two, in the Resolved clause, by striking out “Pt.” and
inserting in lieu thereof the word “Point”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 66--Requesting
that the Division of Highways name bridge number 27-15-6.53
(27A024), currently known as Old Town Bridge on County Route 15
(Sandhill Rd.) near Point Pleasant, Mason County, West Virginia the
"Quentin H. Wickline Memorial Bridge".

The question being on the adoption of the resolution (Com.
Sub. for H. C. R. No. 66), as amended, the same was put and
prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On unfinished business, coming up in regular order, was
reported by the Clerk.

The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:

On page two, in the fifth Whereas clause, by striking out the
word “individual” and inserting in lieu thereof the word
“individuals”;

On page two, in the Resolved clause, after the word “have” by
inserting the words “a crew of”;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub. for House Concurrent Resolution No. 105--Urging
Congress to pass the Safe Freight Act as contained in H. R. 3040
providing that a freight train or light engine used in connection
with the movement of freight have a crew of at least two
individuals, one of whom is certified as a locomotive engineer and
the other who is certified as a conductor.

The question being on the adoption of the resolution (H. C. R.
No. 105), as amended, the same was put and prevailed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

On third reading, coming up in regular order, was reported by
the Clerk.

On motion of Senator Palumbo, the Senate reconsidered the vote
by which on yesterday, Thursday, March 6, 2014, it adopted Senator
Palumbo's amendment to the resolution (shown in the Senate Journal
of that day, pages 204 and 205).

The vote thereon having been reconsidered,

The question again being on the adoption of Senator Palumbo's
amendment to the bill.

On motion of Senator Palumbo, the following amendment to
Senator Palumbo's amendment to the resolution was reported by the
Clerk and adopted:

On page two, in the Resolved further clause, by striking out
the words "leased or".

The question being on the adoption of Senator Palumbo’s
amendment to the resolution, as amended, the same was put and
prevailed.

Having been engrossed, the resolution (Eng. H. J. R. No. 108),
as amended, was then read a third time and put upon its adoption.

The following amendment to the title of the resolution, from
the Committee on the Judiciary, was reported by the Clerk and
adopted:

Eng. House Joint Resolution No. 108--Proposing an amendment to
the Constitution of the State of West Virginia, amending article X
thereof, by adding thereto a new section, designated section
twelve, relating to exempting certain nonprofit youth organizations
which have facilities within this state which cost in excess of
$100,000,000 from ad valorem property taxation on property owned by
the organization whether or not said property is leased or used to
support the organization; conditioning tax exemption on enactment
of legislation to which shall include protecting interests of
entities in the region where the facility is located; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the resolution
(Eng. H. J. R. No. 108) adopted, as follows:

Eng. House Joint Resolution No. 108--Proposing an amendment to
the Constitution of the State of West Virginia, amending article X
thereof, by adding thereto a new section, designated section
twelve, relating to exempting certain nonprofit youth organizations
which have facilities within this state which cost in excess of
$100,000,000 from ad valorem property taxation on property owned by
the organization whether or not said property is leased or used to
support the organization; conditioning tax exemption on enactment
of legislation to which shall include protecting interests of
entities in the region where the facility is located; numbering and
designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.

Resolved by the Legislature of West Virginia, two thirds of
the members elected to each house agreeing thereto:

That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year 2014, which proposed amendment is that article X thereof
be amended by adding thereto a new section, designated section
twelve, to read as follows:

ARTICLE X. TAXATION AND FINANCE.

§12. Nonprofit youth organization revenue exemption.

Notwithstanding any provision of this Constitution to the
contrary, real property in this state which is owned by a non-profit organization that has as its primary purpose the development
of youth through adventure, educational or recreational activities
for young people and others, which property contains facilities
built at a cost of not less than $100,000,000 and which property is
capable of supporting additional activities within the region and
the State of West Virginia is exempt from ad valorem property
taxation whether or not such property is used for the nonprofit
organization’s primary purpose or to generate revenue for the
benefit of the non-profit organization subject to any requirements,
limitations and conditions as may be prescribed by general law:
Provided, That the tax exemption authorized by the provisions of
this section shall not become effective until the Legislature
adopts enabling legislation authorizing the exemption’s
implementation and concurrently prescribing requirements,
limitations and conditions for the use of the tax exempt facility
that protect local and regionally located businesses from use of
the tax exempt facility in a manner that causes unfair competition
and unreasonable loss of revenue to those businesses.

Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered “Amendment
No. 1” and designated as the “Nonprofit Youth Organization Tax
Exemption Support Amendment” and the purpose of the proposed
amendment is summarized as follows: “To amend the State
Constitution to exempt certain nonprofit youth organizations from
ad valorem property taxation on property owned by the organization
which is used to support the organization.” This tax exemption does
not take effect until the Legislature enacts laws that protect
local and regional businesses from unfair competition and
unreasonable loss of revenue from business competition by the
facility utilizing this tax exemption.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3108) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 3108--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §16-5C-21, relating to prohibiting employment
by a nursing home of a person convicted of certain crimes unless a
variance has been granted by the secretary; and authorizing the
Secretary of the Department of Health and Human Resources to
propose legislative rules.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4005) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4005--A Bill to amend and
reenact §61-8D-1, §61-8D-3, §61-8D-4 and §61-8D-9 of the Code of
West Virginia, 1931, as amended, relating to offenses of child
abuse and neglect by a parent, guardian or custodian; defining
terms and creating exceptions to terms; creating a criminal offense
for child abuse by a parent, guardian or custodian which creates a
substantial risk of bodily injury; establishing misdemeanor
penalties for a first and second offense; providing that those
convicted of a first or second offense may be required to undergo
certain counseling; making a conviction of a third or subsequent
offense a felony and establishing criminal penalties; stating that
reasonable discipline of a child is not precluded by the child
abuse crimes; making it a felony for a parent, guardian or
custodian to grossly neglect a child which creates substantial risk
of serious bodily injury or death; creating a criminal offense of
child neglect by a parent, guardian or custodian which creates a
substantial risk of bodily injury with misdemeanor penalties for
first and second offenses and felony penalties for third and
subsequent offenses; providing that a parent, guardian or custodian
convicted of a misdemeanor is not required to register as a person
convicted of child abuse or neglect or suffer other potential
collateral consequences; permitting a person convicted of a
misdemeanor to also be required to complete certain counseling;
providing that a parent, guardian or custodian convicted of a
misdemeanor is not required to register as a person convicted of
child abuse or neglect and may not, solely because of the
conviction, have their custody, visitation or parental rights
automatically restricted; and requiring the court to declare a
person an abusing parent under article six, chapter forty-nine of
this code if they are convicted of a felony offense under this
article.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. House Bill No. 4006, Relating to the possession and
distribution of child pornography.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4006) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4006--A Bill to amend and
reenact §61-8C-3 of the Code of West Virginia, 1931, as amended,
relating to crimes pertaining to the possession, transmission,
transportation, distribution and exhibiting of material depicting
minors in sexually explicit conduct; adding the accessing of such
materials with intent to view as a defined offense; creating an
enhanced penalties for possessing, accessing with intent to view,
transporting, receiving or distributing files or materials based on
the number of images in a digital, photographic or video format
which depict minors engaging in sexually explicit conduct or depict
acts of bestiality involving a child; and setting a number of
images based on length for video film or similar media.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4147) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4147--A Bill to amend and
reenact §15-5-1 and §15-5-6 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §46A-6J-1, §46A-6J-2, §46A-6J-3
and §46A-6J-4 of said code, all relating to emergency preparedness;
revising the policy statement for the Division of Homeland Security
and Emergency Management; authorizing the Governor or the
Legislature to declare a state of preparedness; limiting a state of
preparedness to thirty days; identifying conditions that permit a
declaration of a state of preparedness; adding the term “state of
preparedness” to where “state of emergency” is referred throughout
the code; providing that a state of preparedness has the same
effect as a state of emergency for the purposes of the Emergency
Management Assistance Compact and the Statewide Mutual Aid System;
revising the definition of “state of emergency” in the West
Virginia Consumer Protection Act; defining “state of preparedness”
and “large-scale threat” in the West Virginia Consumer Protection
Act; requiring the Governor to specifically list items or services
subject to unfair pricing provisions in a proclamation declaring a
state of preparedness; requiring notification of a state of
preparedness by the Secretary of State; and making other technical
and stylistic revisions.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4149) passed.

At the request of Senator Snyder, as chair of the Committee on
Government Organization, and by unanimous consent, the unreported
Government Organization committee amendment to the title of the
bill was withdrawn.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4156) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4183, Supplementing,
amending, decreasing, and increasing items of the existing
appropriations from the State Road Fund to the Department of
Transportation, Division of Highways.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4183) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

Eng. Com. Sub. for House Bill No. 4196, Requiring the
Workforce Investment Council to provide information and guidance to
local workforce investment boards that would enable them to better
educate both women and men about higher paying jobs.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4208) passed.

At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
title of the bill was withdrawn.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4208--A Bill to amend and
reenact §60A-1-101 of the Code of West Virginia, 1931, as amended;
to amend and reenact §60A-2-204; §60A-2-206, §60A-2-208, §60A-2-210
and §60A-2-212 of said code; and to amend and reenact §60A-3-308 of
said code, all relating generally to controlled substances;
modifying the lists of scheduled controlled drugs; making all
substances containing dihydrocodeinone schedule II controlled
substances; making tramadol hydrochloride a schedule IV controlled
substance; adding certain synthetic drugs to the list of scheduled
controlled substances; modifying and including definitions; and
modifying manner in which buprenorphine and naloxone may be
prescribed.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4217, Relating to Medicaid
reports to the Legislature.

On third reading, coming up in regular order, was reported by
the Clerk.

On motion of Senator Stollings, the Senate reconsidered the
vote by which on yesterday, Thursday, March 6, 2014, it adopted the
Health and Human Resources committee amendment to the bill, as
amended (shown in the Senate Journal of that day, pages 115 to 120,
inclusive).

The vote thereon having been reconsidered,

The question again being on the adoption of the Health and
Human Resources committee amendment to the bill, as amended.

On motion of Senator Stollings, the following amendments to
the Health and Human Resources committee amendment to the bill, as
amended, were reported by the Clerk, considered simultaneously, and
adopted:

On page four, section twenty-three, subsection (b), by
striking out the word “related” and inserting in lieu thereof the
word “formal”;

On page four, section twenty-three, subsection (b), by
striking out the word “twenty-four” and inserting in lieu thereof
the word “seventy-two”;

And,

On page four, section twenty-three, subsection (c), by
striking out the word “twenty-four” and inserting in lieu thereof
the word “seventy-two”.

The question now being on the adoption of the Health and Human
Resources committee amendment to the bill, as amended, the same was
put and prevailed.

Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4217), as amended, was then read a third time and put upon its
passage.

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4254) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

On motion of Senator Unger, the Senate recessed until 1:45
p.m. today.

Upon expiration of the recess, the Senate reconvened and
resumed business under the eighth order, the next bill coming up in
numerical sequence being.

Eng. House Bill No. 4256, Amending the annual salary schedule
for members of the state police.

On third reading, coming up in regular order, with the right
having been granted on Wednesday, March 5, 2014, for amendments to
be received on third reading, was reported by the Clerk.

On motions of Senators Prezioso and Unger, the following
amendment to the bill was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 2. WEST VIRGINIA STATE POLICE.

§15-2-5. Career progression system; salaries; exclusion from wages
and hour law, with supplemental payment; bond; leave
time for members called to duty in guard or reserves.

(a) The superintendent shall establish within the West
Virginia State Police a system to provide for: The promotion of
members to the supervisory ranks of sergeant, first sergeant,
second lieutenant and first lieutenant; the classification of
nonsupervisory members within the field operations force to the
ranks of trooper, senior trooper, trooper first class or corporal;
the classification of members assigned to the forensic laboratory
as criminalist I-VIII; and the temporary reclassification of
members assigned to administrative duties as administrative support
specialist I-VIII.

(b) The superintendent may propose legislative rules for
promulgation in accordance with article three, chapter
twenty-nine-a of this code for the purpose of ensuring consistency,
predictability and independent review of any system developed under
the provisions of this section.

(c) The superintendent shall provide to each member a written
manual governing any system established under the provisions of
this section and specific procedures shall be identified for the
evaluation and testing of members for promotion or reclassification
and the subsequent placement of any members on a promotional
eligibility or reclassification recommendation list.

(d) Beginning on July 1, 2008, through June 30, 2011, members
shall receive annual salaries as follows:

ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training. . . . . . . . . .$ 2,752.00 Mo.$ 33,024

Cadet Trooper After Training. . . . . . 3,357.33 Mo. 40,288

Trooper Second Year. . . . . . . . . . . . . . . . . . . 41,296

Trooper Third Year. . . . . . . . . . .. . . . . . . . . 41,679

Senior Trooper. . . . . . . . . . . . . . . . . . . . . . 42,078

Trooper First Class. . . . . . . . . . . . . . . . . . . 42,684

Corporal. . . . . . . . . . . . . . . .. . . . . . . . . 43,290

Sergeant. . . . . . . . . . . . . . . .. . . . . . . . . 47,591

First Sergeant. . . . . . . . . . . . . . . . . . . . . . 49,742

Second Lieutenant. . . . . . . . . . . .. . . . . . . . . 51,892

First Lieutenant. . . . . . . . . . . . . . . . . . . . . 54,043

Captain. . . . . . . . . . . . . . . . .. . . . . . . . . 56,194

Major. . . . . . . . . . . . . . . . . .. . . . . . . . . 58,344

Lieutenant Colonel. . . . . . . . . . .. . . . . . . . . 60,495

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 41,679

II . . . . . . . . . . . . . . . . . . . . . . . . . . . .42,078

III. . . . . . . . . . . . . . . . . . . . . . . . . . . .42,684

IV . . . . . . . . . . . . . . . . . . . . . . . . . . . .43,290

V. . . . . . . . . . . . . . . . . . . . . . . . . . . . .47,591

VI . . . . . . . . . . . . . . . . . . . . . . . . . . . .49,742

VII. . . . . . . . . . . . . . . . . . . . . . . . . . . .51,892

VIII . . . . . . . . . . . . . . . . . . . . . . . . . . .54,043

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I. . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 41,679

II . . . . . . . . . . . . . . . . . . . . . . . . . . . .42,078

III. . . . . . . . . . . . . . . . . . . . . . . . . . . .42,684

IV . . . . . . . . . . . . . . . . . . . . . . . . . . . .43,290

V. . . . . . . . . . . . . . . . . . . . . . . . . . . . .47,591

VI . . . . . . . . . . . . . . . . . . . . . . . . . . . .49,742

VII. . . . . . . . . . . . . . . . . . . . . . . . . . . .51,892

VIII . . . . . . . . . . . . . . . . . . . . . . . . . . .54,043

(d) Beginning on July 1, 2011, members shall receive annual
salaries as follows:

ANNUAL SALARY SCHEDULE (BASE PAY)

SUPERVISORY AND NONSUPERVISORY RANKS

Cadet During Training. . . . . . . . . .$ 2,833 Mo. $ 33,994

Cadet Trooper After Training. . . . . .$ 3,438 Mo. $ 41,258

Trooper Second Year. . . . . . . . . . . . . . . . . . . .42,266

Trooper Third Year. . . . . . . . . . . . . . . . . . . . 42,649

Senior Trooper. . . . . . . . . . . . . . . . . . . . . . 43,048

Trooper First Class. . . . . . . . . . . . . . . . . . . .43,654

Corporal. . . . . . . . . . . . . . . . . . . . . . . . . 44,260

Sergeant. . . . . . . . . . . . . . . . . . . . . . . . . 48,561

First Sergeant. . . . . . . . . . . . . . . . . . . . . . 50,712

Second Lieutenant. . . . . . . . . . . . . . . . . . . . .52,862

First Lieutenant. . . . . . . . . . . . . . . . . . . . . 55,013

Captain. . . . . . . . . . . . . . . . . . . . . . . . . .57,164

Major. . . . . . . . . . . . . . . . . . . . . . . . . . .59,314

Lieutenant Colonel. . . . . . . . . . . . . . . . . . . . 61,465

ANNUAL SALARY SCHEDULE (BASE PAY)

ADMINISTRATION SUPPORT SPECIALIST CLASSIFICATION

I. . . . . . . . . . . . . . . . . . . . . . . . . . . . .42,266

II . . . . . . . . . . . . . . . . . . . . . . . . . . . .43,048

III. . . . . . . . . . . . . . . . . . . . . . . . . . . .43,654

IV . . . . . . . . . . . . . . . . . . . . . . . . . . . .44,260

V. . . . . . . . . . . . . . . . . . . . . . . . . . . . .48,561

VI . . . . . . . . . . . . . . . . . . . . . . . . . . . .50,712

VII. . . . . . . . . . . . . . . . . . . . . . . . . . . .52,862

VIII. . . . . . . . . . . . . . . . . . . . . . . . . . . 55,013

ANNUAL SALARY SCHEDULE (BASE PAY)

CRIMINALIST CLASSIFICATION

I. . . . . . . . . . . . . . . . . . . . . . . . . . . . .42,266

II. . . . . . . . . . . . . . . . . . . . . . . . . . . . 43,048

III. . . . . . . . . . . . . . . . . . . . . . . . . . . .43,654

IV. . . . . . . . . . . . . . . . . . . . . . . . . . . . 44,260

V. . . . . . . . . . . . . . . . . . . . . . . . . . . . .48,561

VI. . . . . . . . . . . . . . . . . . . . . . . . . . . . 50,712

VII. . . . . . . . . . . . . . . . . . . . . . . . . . . .52,862

VIII. . . . . . . . . . . . . . . . . . . . . . . . . . . 55,013

Each member of the West Virginia State Police whose salary is
fixed and specified in this annual salary schedule is entitled to
the length of service increases set forth in subsection (e) of this
section and supplemental pay as provided in subsection (g) of this
section.

(e) Each member of the West Virginia State Police whose salary
is fixed and specified pursuant to this section shall receive, and
is entitled to, an increase in salary over that set forth in
subsection (d) of this section for grade in rank, based on length
of service, including that service served before and after the
effective date of this section with the West Virginia State Police
as follows: Beginning on January 1, 2015 and continuing thereafter,
Atat the end of two years of service with the West Virginia State
Police, the member shall receive a salary increase of $400$500 to
be effective during his or her next year of service and a like
increase at yearly intervals thereafter, with the increases to be
cumulative.

(f) In applying the salary schedules set forth in this section
where salary increases are provided for length of service, members
of the West Virginia State Police in service at the time the
schedules become effective shall be given credit for prior service
and shall be paid the salaries the same length of service entitles
them to receive under the provisions of this section.

(g) The Legislature finds and declares that because of the
unique duties of members of the West Virginia State Police, it is
not appropriate to apply the provisions of state wage and hour laws
to them. Accordingly, members of the West Virginia State Police
are excluded from the provisions of state wage and hour law. This
express exclusion shall not be construed as any indication that the
members were or were not covered by the wage and hour law prior to
this exclusion.

In lieu of any overtime pay they might otherwise have received
under the wage and hour law, and in addition to their salaries and
increases for length of service, members who have completed basic
training and who are exempt from federal Fair Labor Standards Act
guidelines may receive supplemental pay as provided in this
section.

The authority of the superintendent to propose a legislative
rule or amendment thereto for promulgation in accordance with
article three, chapter twenty-nine-a of this code to establish the
number of hours per month which constitute the standard work month
for the members of the West Virginia State Police is hereby
continued. The rule shall further establish, on a graduated hourly
basis, the criteria for receipt of a portion or all of supplemental
payment when hours are worked in excess of the standard work month.
The superintendent shall certify monthly to the West Virginia State
Police's payroll officer the names of those members who have worked
in excess of the standard work month and the amount of their
entitlement to supplemental payment. The supplemental payment may
not exceed $400 monthly. The superintendent and civilian employees
of the West Virginia State Police are not eligible for any
supplemental payments.

(h) Each member of the West Virginia State Police, except the
superintendent and civilian employees, shall execute, before
entering upon the discharge of his or her duties, a bond with
security in the sum of $5,000 payable to the State of West
Virginia, conditioned upon the faithful performance of his or her
duties, and the bond shall be approved as to form by the Attorney
General and as to sufficiency by the Governor.

(i) In consideration for compensation paid by the West
Virginia State Police to its members during those members'
participation in the West Virginia State Police Cadet Training
Program pursuant to section eight, article twenty-nine, chapter
thirty of this code, the West Virginia State Police may require of
its members by written agreement entered into with each of them in
advance of such participation in the program that, if a member
should voluntarily discontinue employment any time within one year
immediately following completion of the training program, he or she
shall be obligated to pay to the West Virginia State Police a pro
rata portion of such compensation equal to that part of such year
which the member has chosen not to remain in the employ of the West
Virginia State Police.

(j) Any member of the West Virginia State Police who is called
to perform active duty training or inactive duty training in the
National Guard or any reserve component of the Armed Forces of the
United States annually shall be granted, upon request, leave time
not to exceed thirty calendar days for the purpose of performing the
active duty training or inactive duty training and the time granted
may not be deducted from any leave accumulated as a member of the
West Virginia State Police.

Having been engrossed, the bill (Eng. H. B. No. 4256), as just
amended, was then read a third time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4268) passed.

The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:

Eng. Com. Sub. for House Bill No. 4268--A Bill to repeal §9A-1-13, §9A-1-14 and §9A-1-15 of the Code of West Virginia, 1931, as
amended; and to amend and reenact §9A-1-2, §9A-1-4, §9A-1-5,
§9A-1-6, §9A-1-8, §9A-1-9, §9A-1-10, §9A-1-11 and §9A-1-12 of said
code, all relating to the Department of Veterans’ Assistance;
removing outdated language; providing additional powers to the
Secretary of Department of Veteran’s Assistance; modifying the
duties of the Veterans’ Council; authorizing the Secretary to award
grants to provide transportation for veterans; and authorizing the
Secretary of the Department of Veterans’ Assistance to enter into
agreement with the Commissioner of the Department of Agriculture to
transfer certain property for construction of a veterans skilled
nursing facility.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4278, Rewriting the procedure
by which corporations may obtain authorization from the West
Virginia Board of Medicine to practice medicine and surgery.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4278) passed.

At the request of Senator Snyder, as chair of the Committee on
Government Organization, and by unanimous consent, the unreported
Government Organization committee amendment to the title of the bill
was withdrawn.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4278--A Bill to amend and
reenact §30-3-15 of the Code of West Virginia, 1931, as amended,
relating to medical and podiatry corporations; declaring certain
unlawful acts; clarifying the certificate of authorization
requirements for in-state and out-of-state medical and podiatry
corporations; setting forth the shareholder requirements; setting
notice certain requirements to the Secretary of State; clarifying
renewal requirements for certificate of authorization; clarifying
conditions under which the medical and podiatry corporations can
practice; stating requirements for ceasing operation; ensuring the
physician-patient and podiatrist-patient relationships are not
changed; declaring certain evidence as admissible and prima facie
evidence of the facts contained; creating a misdemeanor offense; and
providing criminal penalties.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4283, Raising the minimum
wage.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4298) passed.

The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:

Eng. Com. Sub. for House Bill No. 4298--A Bill to amend and
reenact §6B-2-1 of the Code of West Virginia, 1931, as amended,
relating to the West Virginia Ethics Commission; continuing the
Ethics Commission; changing the requirements of who can be a member
of the Ethics Commission; reducing the number of members on the
Commission to seven; and changing the composition of the membership.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4312) passed.

The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:

Eng. Com. Sub. for House Bill No. 4312--A Bill to amend the
Code of West Virginia, 1931, by adding thereto a new section,
designated §16-4C-6c; and to amend and reenact §22A-10-1 of said
code, all relating to creating a certification for emergency medical
technician-industrial; establishing the certification and
recertification requirements; specifying the term of the
certification; restricting the practice of emergency medical
technician-industrial; clarifying that emergency medical technician-industrial certification replaces emergency medical technician-miner
certification; allowing the emergency medical technician-miner
certification courses and examinations to be used for emergency
medical technician-industrial certification; and authorizing
rulemaking authority for Commissioner of Bureau for Public Health
in consultation with the Board of Miner Training, Education and
Certification.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4410) passed.

The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:

Eng. Com. Sub. for House Bill No. 4410--A Bill to amend and
reenact §19-2C-1, §19-2C-3, §19-2C-5, §19-2C-5a, §19-2C-6,
§19-2C-6b, §19-2C-8 and §19-2C-9 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto three new
sections, designated §19-2C-3a, §19-2C-3b and §19-2C-9a, all
relating to auctioneers and apprentice auctioneers; clarifying
definitions; updating license requirements; updating duties of
licensees; updating requirements for license renewals and expired
licenses; authorizing rulemaking for the Commissioner of the
Department of Agriculture; allowing fees to be set by legislative
rule; clarifying the special fund; increasing length of record
retention; clarifying examination requirements and excuses;
clarifying qualifying test scores; restricting length of
apprenticeship; updating duties of sponsoring auctioneer; increasing
criminal penalties; requiring contracts to have certain provisions;
and requiring escrow accounts.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4411) passed.

The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:

Eng. Com. Sub. for House Bill No. 4411--A Bill to amend and
reenact §22-15-8 and §22-15-11 of the Code of West Virginia, 1931,
as amended, all relating to the disposal of drill cuttings and
associated drilling waste generated from well sites at commercial
solid waste facilities; allowing for the receipt of additional
drilling waste at certain commercial solid waste facilities above
the facility’s existing tonnage limit if certain conditions are met;
recognizing the facility’s continuing obligation to receive
municipal solid waste while exceeding its permitted tonnage caps;
requiring radiation and leachate monitoring at all facilities
receiving drill cuttings and drilling waste; establishing minimum
requirements for the monitoring program; requiring the investigation
and report by the department of environmental protection to the
legislature on specified issues associated with the disposal of
drill cuttings and drilling wastes at landfills; required scope of
study; establishing deadlines, effective dates; creating a special
revenue fund in the state treasury; establishing an additional solid
waste fee; and requiring the promulgation of emergency and
legislative rules.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. House Bill No. 4431, Clarifying that persons who possess
firearms, hunting dogs or other indicia of hunting do not
necessarily need to have a hunting license.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4431) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.

Eng. House Bill No. 4454, Relating to the sale of alcoholic
beverages on Sundays by private licensees.

On third reading, coming up in regular order, with the
unreported Government Organization committee amendment pending, and
with the right having been granted on yesterday, Thursday, March 6,
2014, for further amendments to be received on third reading, was
reported by the Clerk.

The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 7. LICENSES TO PRIVATE CLUBS.

§60-7-12. Certain acts of licensee prohibited; criminal penalties.

(a) It is unlawful for any licensee, or agent, employee or
member thereof, on such licensee's premises to:

(1) Sell or offer for sale any alcoholic liquors other than
from the original package or container;

(2) Authorize or permit any disturbance of the peace; obscene,
lewd, immoral or improper entertainment, conduct or practice,
gambling or any slot machine, multiple coin console machine,
multiple coin console slot machine or device in the nature of a slot
machine;

(3) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors
for or to, or permit the consumption of nonintoxicating beer, wine
or alcoholic liquors on the licensee's premises, by any person less
than twenty-one years of age;

(4) Sell, give away or permit the sale of, gift to or the
procurement of any nonintoxicating beer, wine or alcoholic liquors,
for or to any person known to be deemed legally incompetent, or for
or to any person who is physically incapacitated due to consumption
of nonintoxicating beer, wine or alcoholic liquor or the use of
drugs;

(5) Sell, give or dispense nonintoxicating beer, wine or
alcoholic liquors in or on any licensed premises or in any rooms
directly connected therewith, between the hours of three o'clock
a.m. and one o'clock p.m.ten thirty a.m. on any Sunday, or between
the hours of three o'clock a.m. and seven o’clock a.m. on any
weekday or Saturday;

(6) Permit the consumption by, or serve to, on the licensed
premises any nonintoxicating beer, wine or alcoholic liquors,
covered by this article, to any person who is less than twenty-one
years of age;

(7) With the intent to defraud, alter, change or misrepresent
the quality, quantity or brand name of any alcoholic liquor;

(8) Sell or offer for sale any alcoholic liquor to any person
who is not a duly elected or approved dues paying member in good
standing of said private club or a guest of such member;

(9) Sell, offer for sale, give away, facilitate the use of or
allow the use of carbon dioxide, cyclopropane, ethylene, helium or
nitrous oxide for purposes of human consumption except as authorized
by the commissioner;

(10) (A) Employ any person who is less than eighteen years of
age in a position where the primary responsibility for such
employment is to sell, furnish or give nonintoxicating beer, wine
or alcoholic liquors to any person;

(B) Employ any person who is between the ages of eighteen and
twenty-one who is not directly supervised by a person aged
twenty-one or over in a position where the primary responsibility
for such employment is to sell, furnish or give nonintoxicating
beer, wine or alcoholic liquors to any person; or

(11) Violate any reasonable rule of the commissioner.

(b) It is unlawful for any licensee to advertise in any news
media or other means, outside of the licensee's premises, the fact
that alcoholic liquors may be purchased thereatthere.

(c) Any person who violates any of the foregoing provisions is
guilty of a misdemeanor and, upon conviction thereof, shall be fined
not less than $500 nor more than $1,000, or imprisonedconfined in
the county jail for a period not to exceedmore than one year, or
both fined and imprisonedconfined.

ARTICLE 8. SALE OF WINES.

§60-8-34. When retail sales prohibited.

It shall beis unlawful for a retailer, farm winery, wine
specialty shop retailer, private wine bed and breakfast, private
wine restaurant or private wine spa licensee, his or her servants,
agents or employees to sell or deliver wine between the hours of two
o'clock a.m. and one o'clock p.m. on Sundays, or between the hours
of two o'clock a.m. and seven o'clock a.m. on weekdays and
Saturdays:Provided,That a private wine bed and breakfast, a
private wine restaurant or private wine spa licensee may sell wine
for consumption on the licensee’s premises between the hours of ten
thirty o’clock a.m and one o’clock p.m. on Sundays.

There being no further amendments offered,

Having been engrossed, the bill (Eng. H. B. No. 4454), as just
amended, was then read a third time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4454) passed.

The following amendment to the title of the bill, from the
Committee on Government Organization, was reported by the Clerk and
adopted:

Eng. House Bill No. 4454--A Bill to amend and reenact §60-7-12
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §60-8-34 of said code, all relating to the sale of alcoholic
beverages by private licensees; prohibiting the sale of
nonintoxicating beer, wine and alcoholic liquors by licensed private
clubs between three a.m. and ten thirty a.m. on Sundays and between
three a.m. and seven a.m. on any weekday or Saturday; authorizing
licensed private clubs to sell nonintoxicating beer, wine and
alcoholic liquors between the hours of ten thirty a.m. and one p.m.
on Sundays; authorizing a licensed private bed and breakfast,
private wine restaurant or private wine spa to sell wine for
consumption on the licensed premises between the hours of ten thirty
a.m. and one p.m. on Sundays.

So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4454) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4455, Relating to the sale
of wine and alcoholic liquors by licensed wineries, farm wineries,
distilleries and mini-distilleries.

On third reading, coming up in regular order, with the right
having been granted on yesterday, Thursday, March 6, 2014, for
further amendments to be received on third reading, was reported by
the Clerk.

There being no further amendments offered,

Having been engrossed, the bill (Eng. H. B. No. 4455), as just
amended, was then read a third time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4473) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. Com. Sub. for House Bill No. 4473--A Bill to amend and
reenact §3-1-5 and §3-1-29 of the Code of West Virginia, 1931, as
amended, all relating to establishing voting precincts and changing
the composition of standard receiving boards; authorizing the
consolidation of certain precincts in certain circumstances;
increasing the limit on the size of certain voting precincts to
three thousand registered voters in urban areas and one thousand
five hundred in rural areas; permitting precincts in urban or rural
areas to have fewer than the minimum numbers of registered voters
allowed; removing language requiring the West Virginia Office of
Legislative Services to consult with county commissions regarding
precinct modification; permitting an increase in the size of
standard receiving boards; providing an option to have more poll
workers and commissioners; and permitting fewer poll workers in
precincts during a municipal election where there is no simultaneous
state or county election.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. House Bill No. 4529, Relating to the sale of wine.

On third reading, coming up in regular order, with the right
having been granted on yesterday, Thursday, March 6, 2014, for
amendments to be received on third reading, was reported by the
Clerk.

There being no amendments offered,

Having been engrossed, the bill (Eng. H. B. No. 4529), as just
amended, was then read a third time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4549) passed.

The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:

Eng. House Bill No. 4549–-A Bill to amend and reenact §11-16-3
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §11-16-17a; and to amend
and reenact §11-16-20 and §11-16-21 of said code, all relating to
the regulation of nonintoxicating beer brewers and distributors,
agreements, networks, products, brands and extensions of a line of
brands; permitting the commissioner to investigate, review and
approve or deny franchise agreements, labels, brands and line
extensions; providing hearings; extending certain dates;
establishing nonintoxicating beer, resident brewers, distributors,
franchise distributor networks and line extensions standards;
defining terms; providing sanctions; and authorizing rule-making.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Eng. Com. Sub. for House Bill No. 4552, Relating to the court
of claims.

On third reading, coming up in regular order, was read a third
time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4552) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,

On motion of Senator Unger, the Senate recessed until 4 p.m.
today.

Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.

Eng. Com. Sub. for House Bill No. 2387, Relating to reasonable
accommodations under the West Virginia Fair Housing Act for persons
with disabilities who need assistive animals.

On second reading, coming up in regular order, was read a
second time.

At the request of Senator Unger, and by unanimous consent, the
bill was advanced to third reading with the unreported Judiciary
committee amendment pending and the right for further amendments to
be considered on that reading.

The head lamp or head lamps upon every motorcycle, motor-
driven cycle and moped may be of the single-beam or multiple-beam
type but in either event shall comply with the requirements and
limitations as follows:

(1) Every said head lamp or head lamps shall be of sufficient
intensity to reveal a person or a vehicle at a distance of not less
than one hundred feet when the motorcycle, motor-driven cycle or
moped is operated at any speed less than twenty-five miles per hour
and at a distance of not less than two hundred feet when it is
operated at a speed of twenty-five or more miles per hour.

(2) In the eventIf the motorcycle, motor-driven cycle or moped
is equipped with a multiple-beam type head lamp or head lamps the
upper beam shall meet the minimum requirements set forth above and
shall not exceed the limitations set forth in section twenty (a) of
this article and the lowermost beam shall meet the requirements
applicable to a lowermost distribution of light as set forth in
section twenty (b) of this article.

(3) In the eventIf the motorcycle, motor-driven cycle or moped
is equipped with a single-beam lamp or lamps, saidthe lamp or lamps
shall be so aimed that when the vehicle is loaded none of the
high-intensity portion of light, at a distance of twenty-five feet
ahead, shall project higher than the level of the center of the lamp
from which it comes.

(4) (A) Subject to paragraph (B) of this subdivision, a
motorcycle may be equipped with, and an operator of a motorcycle may
use, the following auxiliary lighting:

(i) Amber and white illumination;

(ii) Standard bulb running lights; or

(iii) Light-emitting diode pods and strips.

(B) Lighting under this subdivision shall be:

(i) Nonblinking;

(ii) Nonflashing;

(iii) Nonoscillating; and

(iv) Directed toward the engine and the drive train of the
motorcycle to prevent interference with the driver’s operation of
the vehicle.

The bill (Eng. H. B. No. 2477), as amended, was then ordered
to third reading.

Eng. Com. Sub. for House Bill No. 2606, Permitting the State
Rail Authority to set the salary of the executive director.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. Com. Sub. for House Bill No. 2757, Private cause of action
for the humane destruction of a dog.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 20D. PRIVATE CAUSE OF ACTION FOR THE HUMANE DESTRUCTION OF
A DOG.

§19-20D-1. Purpose.

The purpose of this article is to protect the public by
providing a private cause of action seeking euthanasia of a dog in
magistrate court to a person who has been attacked by a dog
resulting in personal injuries requiring medical treatment which
cost $2,000 or more, or who has been attacked by the dog and the dog
had attacked a person causing personal injury which required medical
treatment within the previous twelve months.

(a) A person seeking relief under this article may apply to the
magistrate court in the county where the dog owner resides, or the
county where the injury occurred, by verified petition setting forth
and affirming the following:

(1) That the owner of the dog resides in the county where the
petition is filed or the attack giving rise to the action occurred
in the county where the petition is filed;

(2) That the petitioner was:

(A) Attacked by the dog and the attack resulted in personal
injuries requiring medical treatment in the amount of $2,000 or
more; or

(B) Attacked by the dog and the dog had engaged in a separate
attack on a person causing personal injury requiring medical
treatment within the previous twelve months; and

(3) That the petitioner did nothing to provoke the dog.

(b) The petition and summons shall be served on the respondent
in the manner set forth in Rule 4 of the West Virginia Rules of
Civil Procedure.

(c) The petitioner must prove the allegations in the petition
by clear and convincing evidence.

(d) The prevailing party is entitled to an award of reasonable
attorney fees and costs.

(e) The limitations of the cause of action in this article are
as follows:

(1) Relief, other than attorney fees and costs in subsection
(d) of this section, is limited to an order directing that the owner
of the dog have the dog euthanized; and

(2) The cause of action provided by this article does not
establish statutory liability nor does it supplant a common law
negligence cause of action.

§19-20D-3. Order of the magistrate court.

(a) If the trier of fact finds by clear and convincing evidence
that the dog which is the subject of the action under this article
has attacked the petitioner and caused personal injuries requiring
medical treatment in the amount of $2,000 or more or that the dog
attacked the petitioner and within the twelve month period prior to
the attack had engaged in a separate attack causing personal injury
requiring medical treatment, then the court shall order the owner
of the dog to have the dog euthanized.

(b) The magistrate court shall issue and file a written order
that sets forth the following:

(1) Findings of fact and conclusions of law; and

(2) If the court orders euthanasia, a specific date upon which
the owner of the dog must have the euthanasia performed and a
direction that documentation be mailed to the petitioner and filed
with the court by a specific date showing that the procedure was
performed.

(c) If the court does not order euthanasia, the court shall
order that the petition be dismissed with prejudice.

(d) The court may award reasonable attorney fees and costs to
the prevailing party.

The bill (Eng. Com. Sub. for H. B. No. 2757), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 2954, Requiring that members
of the Mine Safety Technology Task Force are paid the same
compensation as members of the Legislature.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. Com. Sub. for House Bill No. 3011, Removing the provision
that requires an applicant to meet federal requirements concerning
the production, distribution and sale of industrial hemp prior to
being licensed.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

On page three, section five, after line twenty-nine, by adding
a new subsection, designated subsection (e), to read as follows:

(e) Notwithstanding any provision of this article or the
provisions of chapter sixty-a of this code to the contrary, only the
Department of Agriculture and state institutions of higher learning
licensed and authorized by the commissioner to do so may lawfully
grow or cultivate industrial hemp in this state.

The bill (Eng. Com. Sub. for H. B. No. 3011), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4139, Restricting parental
rights of child custody and visitation when the child was conceived
as a result of a sexual assault or sexual abuse.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §48-9-209a, to read as
follows:

§48-9-209a. Child conceived as result of sexual assault or sexual
abuse by a parent; rights of a biological parent convicted of
sexual assault or abuse; post-conviction cohabitation;
rebuttable presumption upon separation or divorce.

(a) Except as otherwise provided in this section, if a child
custodial responsibility or parenting time dispute involves a child
who is conceived as a result of acts by which one of the child’s
biological parents has been convicted of sexual assault, pursuant
to section three, four or five, article eight-b, chapter sixty-one
of this code, or of sexual abuse by a parent, guardian or custodian,
pursuant to section five, article eight-d, chapter sixty-one of this
code, the court shall not allocate custodial responsibility to the
biological parent convicted of the sexual assault, and the convicted
parent has no right to parenting time with the child unless the
court finds by clear and convincing evidence set forth in written
findings that it is in the best interests of the child, adequately
protects the child and the victim of the sexual offense and that the
person or persons with custodial responsibility of the child consent
thereto.

(b) Subsection (a) does not apply if:

(1) The biological parents are husband and wife at the time of
the offense and, after the date of conviction, cohabit and establish
a mutual custodial environment for the child; or

(2) After the date of conviction, the unmarried biological
parents cohabit and establish a mutual custodial environment for the
child.

(c) If persons described by subsection (b) of this section
later separate or divorce, the conviction of sexual assault,
pursuant to section three, four or five, article eight-b, chapter
sixty-one of this code, or of sexual abuse by a parent, guardian or
custodian, pursuant to section five, article eight-d, chapter
sixty-one of this code creates a rebuttable presumption that
exclusive or shared custodial responsibility of the child by the
perpetrator of the offense is not in the best interests of the
child. The convicted parent has no right to parenting time with the
child unless the court finds by clear and convincing evidence set
forth in written findings that, despite the rebuttable presumption
required by this subsection, a custodial responsibility or parenting
time arrangement with the convicted parent is in the best interests
of the child, adequately protects the child and the victim of the
sexual offense, and that the victim of the sexual offense consents
thereto.

(d) A denial of custodial responsibility or parenting time
under this section does not by itself terminate the parental rights
of the person denied custodial responsibility or parenting time, nor
does it affect the obligation of the person to support the minor
child.

The bill (Eng. Com. Sub. for H. B. No. 4139), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4204, Relating to the
nonrenewal or cancellation of property insurance coverage policies
in force for at least four years.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

§33-17A-4. Notification and reasons for a transfer, declination or
termination.

(a) Upon declining to insure any real or personal property,
subject to this article, the insurer making a declination shall
provide the insurance applicant with a written explanation of the
specific reason or reasons for the declination at the time of the
declination. The provision of such insurance application form by
an insurer shall create no right to coverage on the behalf of the
insured to which the insured is not otherwise entitled.

(b) A notice of cancellation of property insurance coverage by
an insurer shall be in writing, shall be delivered to the named
insured or sent by first class mail to the named insured at the last
known address of the named insured, shall state the effective date
of the cancellation and shall be accompanied by a written
explanation of the specific reason or reasons for the cancellation.

(c) At least thirty days before the end of a policy period, as
described in subsection (c), section three of this article, an
insurer shall deliver or send by first class mail to the named
insured at the last known address of the named insured, notice of
its intention regarding the renewal of the property insurance
policy. Notice of an intention not to renew a property insurance
policy shall be accompanied by an explanation of the specific
reasons for the nonrenewal: Provided, That no insurer shall fail
to renew an outstanding property insurance policy which has been in
existence for four years or longer except for the reasons as set
forth in section five of this article; or for other valid
underwriting reasons which involve a substantial increase in the
risk. Provided further, That notwithstanding any other provision of
this article, no property insurance coverage policy in force for at
least four years, may be denied renewal or canceled solely as a
result of:

(1) A single first party property damage claim within the
previous thirty-six months and that arose from wind, hail,
lightning, wildfire, snow or ice, unless the insurer has evidence
that the insured unreasonably failed to maintain the property and
that failure to maintain the property contributed to the loss, or

(2) Two first party property damage claims within the previous
twelve months, both of which arose from claims solely due to an
event for which a state of emergency is declared for the county in
which the insured property is located, unless the insurer has
evidence that the insured unreasonably failed to maintain the
property and that failure to maintain the property contributed to
the loss. "State of emergency" means the situation existing after
the occurrence of a disaster in which a state of emergency has been
declared by the Governor or by the Legislature pursuant to the
provisions of section six, article five, chapter fifteen of this
code or in which a major disaster declaration or emergency
declaration has been issued by the President of the United States
pursuant to the provisions of 42 U. S. C. §5122.

The bill (Eng. Com. Sub. for H. B. No. 4204), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4210, Juvenile sentencing
reform.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

CHAPTER 61. CRIMES AND THEIR PUNISHMENT.

ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.

§61-11-23 Punishment for juvenile convicted as an adult;
eligibility for parole; factors to be considered prior to
sentencing.

(a) Notwithstanding any other provision of law to the contrary,
a sentence of life imprisonment without the possibility of parole
may not be imposed on a person who:

(1) Is convicted of an offense punishable by life imprisonment;
and

(2) Was less than eighteen years of age at the time the offense
was committed.

(b) Unless otherwise provided by this code, the provisions of
article twelve, chapter sixty-two of this code shall govern the
eligibility for parole of a person who is convicted of an offense
and sentenced to confinement if he or she was less than eighteen
years of age at the time the offense was committed, except that a
person who is convicted of one or more offenses for which the
sentence or any combination of sentences imposed is for a period
that renders the person ineligible for parole until he or she has
served more than fifteen years shall be eligible for parole after
he or she has served fifteen years if the person was less than
eighteen years of age at the time each offense was committed.

(c) In addition to other factors required by law to be
considered prior to the imposition of a sentence, in determining the
appropriate sentence to be imposed on a person who has been
transferred to the criminal jurisdiction of the court pursuant to
section ten, article five, chapter forty-nine of this code and who
has been subsequently tried and convicted of a felony offense as an
adult, the court shall consider the following mitigating
circumstances:

(1) Age at the time of the offense;

(2) Impetuosity;

(3) Family and community environment;

(4) Ability to appreciate the risks and consequences of the
conduct;

(5) Intellectual capacity;

(6) The outcomes of a comprehensive mental health evaluation
conducted by an mental health professional licensed to treat
adolescents in the State of West Virginia: Provided, That no
provision of this section may be construed to require that a
comprehensive mental health evaluation be conducted;

(7) Peer or familial pressure;

(8) Level of participation in the offense;

(9) Ability to participate meaningfully in his or her defense;

(10) Capacity for rehabilitation;

(11) School records and special education evaluations;

(12) Trauma history;

(13) Faith and community involvement;

(14) Involvement in the child welfare system; and

(15) Any other mitigating factor or circumstances.

(d) (1) Prior to the imposition of a sentence on a person who
has been transferred to the criminal jurisdiction of the court
pursuant to section ten, article five, chapter forty-nine of this
code and who has been subsequently tried and convicted of an felony
offense as an adult, the court shall consider the outcomes of any
comprehensive mental health evaluation conducted by an mental health
professional licensed to treat adolescents in the State of West
Virginia. The comprehensive mental health evaluation must include
the following:

(A) Family interviews;

(B) Prenatal history;

(C) Developmental history;

(D) Medical history;

(E) History of treatment for substance use;

(F) Social history; and

(G) A psychological evaluation.

(2) The provisions of this subsection are only applicable to
sentencing proceedings for convictions rendered after the effective
date of this section and shall not constitute sufficient grounds for
the reconsideration of sentences imposed as the result of
convictions rendered after the effective date of this section.

CHAPTER 62. CRIMINAL PROCEDURE.

ARTICLE 12. PROBATION AND PAROLE.

§62-12-13b. Special parole considerations for persons convicted as
juveniles.

(a) When a person who is serving a sentence imposed as the
result of an offense or offenses committed when he or she was less
than eighteen years of age becomes eligible for parole pursuant to
applicable provisions of this code, including, but not limited to,
section twenty-three, article eleven, chapter sixty-one thereof, the
parole board shall ensure that the procedures governing its
consideration of the person’s application for parole ensure that he
or she is provided a meaningful opportunity to obtain release and
shall adopt rules and guidelines to do so that are consistent with
existing case law.

(b) During a parole hearing involving a person described in
subsection (a) of this section, in addition to other factors
required by law to be considered by the parole board, the parole
board shall take into consideration the diminished culpability of
juveniles as compared to that of adults, the hallmark features of
youth, and any subsequent growth and increased maturity of the
prisoner during incarceration. The board shall also consider the
following:

(1) A review of educational and court documents;

(2) Participation in available rehabilitative and educational
programs while in prison;

(3) Age at the time of the offense;

(4) Immaturity at the time of the offense;

(5) Home and community environment at the time of the offense;

(6) Efforts made toward rehabilitation;

(7) Evidence of remorse; and

(8) Any other factors or circumstances the board considers
relevant.

The bill (Eng. Com. Sub. for H. B. No. 4210), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4220, Relating to waiver of
jury trial in claims arising from consumer transactions.

On second reading, coming up in regular order, was read a
second time.

At the request of Senator Palumbo, as chair of the Committee
on the Judiciary, and by unanimous consent, the unreported Judiciary
committee amendment to the bill was withdrawn.

On motion of Senator Palumbo, the following amendment to the
bill was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new section, designated §16-5C-21, to read as
follows:

ARTICLE 5C. NURSING HOMES.

§16-5C-21. Jury trial waiver to be a separate document.

(a) Every written agreement containing a waiver of a right to
a trial by jury that is entered into between a nursing home and a
person for the nursing care of a resident, must have as a separate
and stand alone document any waiver of a right to a trial by jury.

(b) Nothing in this section may be construed to require a court
of competent jurisdiction to determine that the entire agreement or
any portion thereof is enforceable, unenforceable, conscionable or
unconscionable.

(c) This section applies to all agreements entered into on or
after January 1, 2015.

The bill (Eng. Com. Sub. for H. B. No. 4220), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4228, Repealing or removing
certain portions of education-related statutes that have expired.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:

On page ten, section seven, line forty-two, after the word “by”
by inserting the word “a”.

The bill (Eng. Com. Sub. for H. B. No. 4228), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4237, Prohibiting the sale,
distribution and use of electronic cigarettes, vapor products and
other alternative nicotine products to persons under the age of
eighteen.

On second reading, coming up in regular order, was read a
second time.

At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
bill was withdrawn.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

(1) “Tobacco product” and “tobacco-derived product” means any
product, containing, made or derived from tobacco, or containing
nicotine derived from tobacco, that is intended for human
consumption, whether smoked, breathed, chewed, absorbed, dissolved,
inhaled, vaporized, snorted, sniffed or ingested by any other means,
including but not limited to cigarettes, cigars, cigarillos, little
cigars, pipe tobacco, snuff, snus, chewing tobacco or other common
tobacco-containing products. A “tobacco-derived product” includes
electronic cigarettes or similar devices, alternative nicotine
products and vapor products. “Tobacco product” or “tobacco-derived
product” does not include any product that is regulated by the
United States Food and Drug Administration under Chapter V of the
Food, Drug and Cosmetic Act.

(2) “Alternative nicotine product” means any non-combustible
product containing nicotine that is intended for human consumption,
whether chewed, absorbed, dissolved or ingested by any other means.
“Alternative nicotine product” does not include any tobacco product,
vapor product or product regulated as a drug or device by the United
States Food and Drug Administration under Chapter V of the Food,
Drug and Cosmetic Act.

(3) “Vapor product” means any non-combustible product
containing nicotine that employs a heating element, power source,
electronic circuit or other electronic, chemical or mechanical
means, regardless of shape and size, that can be used to produce
vapor from nicotine in a solution or other form. “Vapor product”
includes any electronic cigarette, electronic cigar, electronic
cigarillo, electronic pipe or similar product or device, and any
vapor cartridge or other container of nicotine in a solution or
other form that is intended to be used with or in an electronic
cigarette, electronic cigar, electronic cigarillo, electronic pipe
or similar product or device. “Vapor product” does not include any
product that is regulated by the United States Food and Drug
Administration under Chapter V of the Food, Drug and Cosmetic Act.

(a)(b) No person, firm, corporation or business entity may
sell, give or furnish, or cause to be sold, given or furnished, to
any person under the age of eighteen years:

(1) Any pipe, cigarette paper or any other paper prepared,
manufactured or made for the purpose of smoking any tobacco or
tobacco product; or

(2) Any cigar, cigarette, snuff, chewing tobacco or tobacco
product, in any form; or

(b)(c) Any firm or corporation that violates any of the
provisions of subdivision (1), or (2) subsection (a)(b) of this
section and any individual who violates any of the provisions of
subdivision (1) subsection (a)(b) of this section is guilty of a
misdemeanor and, upon conviction thereof, shall be fined $50 for the
first offense. Upon any subsequent violation at the same location
or operating unit, the firm, corporation or individual shall be
fined as follows: At least $250 but not more than $500 for the
second offense, if it occurs within two years of the first
conviction; at least $500 but not more than $750 for the third
offense, if it occurs within two years of the first conviction; and
at least $1,000 but not more than $5,000 for any subsequent
offenses, if the subsequent offense occurs within five years of the
first conviction.

(c)(d) Any individual who knowingly and intentionally sells,
gives or furnishes or causes to be sold, given or furnished to any
person under the age of eighteen years any cigar, cigarette, snuff,
chewing tobacco, or tobacco product or tobacco-derived product, in
any form, is guilty of a misdemeanor and, upon conviction thereof,
for the first offense shall be fined not more than $100; upon
conviction thereof for a second or subsequent offense, is guilty of
a misdemeanor and shall be fined not less than $100 nor more than
$500.

(d)(e) Any employer who discovers that his or her employee has
sold or furnished tobacco products or tobacco-derived products to
minors may dismiss such employee for cause. Any such discharge
shall be considered as “gross misconduct” for the purposes of
determining the discharged employee’s eligibility for unemployment
benefits in accordance with the provisions of section three, article
six, chapter twenty-one-a of this code, if the employer has provided
the employee with prior written notice in the workplace that such
act or acts may result in their termination from employment.

§16-9A-3. Use or possession of tobacco or tobacco products,
alternative nicotine products or vapor products by persons
under the age of eighteen years; penalties.

No person under the age of eighteen years shall have on or
about his or her person or premises or use any cigarette, or
cigarette paper or any other paper prepared, manufactured or made
for the purpose of smoking any tobacco products, in any form; or,
any pipe, snuff, chewing tobacco, or tobacco product or tobacco-derived product: Provided, That minors participating in the
inspection of locations where tobacco products or tobacco-derived
products, are sold or distributed pursuant to section seven of this
article is not considered to violate the provisions of this section.
Any person violating the provisions of this section shall for the
first violation be fined $50 and be required to serve eight hours
of community service; for a second violation, the person shall be
fined $100 and be required to serve sixteen hours of community
service; and for a third and each subsequent violation, the person
shall be fined $200 and be required to serve twenty-four hours of
community service. Notwithstanding the provisions of section two,
article five, chapter forty-nine, the magistrate court has
concurrent jurisdiction.

Every person who shall smoke a cigarette or cigarettes, pipe,
cigar or other implement, of any type or nature, designed, used or
employed for smoking any tobacco or tobacco product; or who shall
use any tobacco product or tobacco-derived productwhether chewing
tobacco, snuff or otherwise in any building or part thereof used for
instructional purposes, in any school of this state, as defined in
section one, article one, chapter eighteen of this code, or on any
lot or grounds actually used for instructional purposes of any such
school of this state while such school is used or occupied for
school purposes, shall be guilty of a misdemeanor, and, upon
conviction thereof, shall be punished for each offense by a fine of
not less than one nor more than five dollars: Provided, That this
prohibition shall not be construed to prevent the use of any tobacco
or tobacco product or tobacco-derived product, in any faculty lounge
or staff lounge or faculty office or other area of said public
school not used for instructional porposes: Provided, however, That
students do not have access thereto: Provided further, That nothing
herein contained shall be construed to prevent any county board of
education from promulgating rules and regulations that further
restrict the use of tobacco, or tobacco products or tobacco-derived
products, in any form, from any other part or section of any public
school building under its jurisdiction.

(a) The commissioner of the West Virginia alcohol beverage
control administration, the Superintendent of the West Virginia
State Police, the sheriffs of the counties of this state and the
chiefs of police of municipalities of this state, may periodically
conduct unannounced inspections at locations where tobacco products
or tobacco-derived products, are sold or distributed to ensure
compliance with the provisions of sections two and three of this
article and in such manner as to conform with applicable federal and
state laws, rules and regulations. Persons under the age of
eighteen years may be enlisted by such commissioner, superintendent,
sheriffs or chiefs of police or employees or agents thereof to test
compliance with these sections: Provided, That the minors may be
used to test compliance only if the testing is conducted under the
direct supervision of the commissioner, superintendent, sheriffs or
chiefs of police or employees or agents thereof and written consent
of the parent or guardian of such person is first obtained and such
minors shall not be in violation of section three of this article
and chapter when acting under the direct supervision of the
commissioner, superintendent, sheriffs or chiefs of police or
employees or agents thereof and with the written consent of the
parent or guardian. It is unlawful for any person to use persons
under the age of eighteen years to test compliance in any manner not
set forth herein and the person so using a minor is guilty of a
misdemeanor and, upon conviction thereof, shall be fined the same
amounts as set forth in section two of this article.

(b) A person charged with a violation of section two or three
of this article as the result of an inspection under subsection (a)
of this section has a complete defense if, at the time the
cigarette, or other tobacco product or tobacco-derived product, or
cigarette wrapper, was sold, delivered, bartered, furnished or
given:

(1) The buyer or recipient falsely evidenced that he or she was
eighteen years of age or older;

(2) The appearance of the buyer or recipient was such that a
prudent person would believe the buyer or recipient to be eighteen
years of age or older; and

(3) Such person carefully checked a driver’s license or an
identification card issued by this state or another state of the
United States, a passport or a United States armed services
identification card presented by the buyer or recipient and acted in
good faith and in reliance upon the representation and appearance of
the buyer or recipient in the belief that the buyer or recipient was
eighteen years of age or older.

(c) Any fine collected after a conviction of violating section
two of this article shall be paid to the clerk of the court in which
the conviction was obtained: Provided, That the clerk of the court
upon receiving the fine shall promptly notify the Commissioner of
the West Virginia Alcohol Beverage Control Administration of the
conviction and the collection of the fine: Provided, however, That
any community service penalty imposed after a conviction of
violating section three of this article shall be recorded by the
clerk of the court in which the conviction was obtained: Providedfurther, That the clerk of the court upon being advised that
community service obligations have been fulfilled shall promptly
notify the Commissioner of the West Virginia Alcohol Beverage
Control Administration of the conviction and the satisfaction of
imposed community service penalty.

(d) The Commissioner of the West Virginia Alcohol Beverage
Control Administration or his or her designee shall prepare and
submit to the Governor on the last day of September of each year a
report of the enforcement and compliance activities undertaken
pursuant to this section and the results of the same, with a copy to
the Secretary of the West Virginia Department of Health and Human
Resources. The report shall be in the form and substance that the
Governor shall submit to the applicable state and federal programs.

No person or business entity may offer for sale any cigarette,
or other tobacco product or tobacco-derived product, in a vending
machine. Any person or business entity which violates the
provisions of this section is guilty of a misdemeanor and, upon
conviction thereof, shall be fined $250: Provided, That an
establishment is exempt from this prohibition if individuals under
the age of eighteen years are not permitted to be in the
establishment or if the establishment is licensed by the alcohol
beverage control commissioner as a Class A licensee. The alcohol
beverage control commissioner shall promulgate rules pursuant to
article three, chapter twenty-nine-a of this code prior to the July
1, 2000, which rules shallto establish standards for the location
and control of the vending machines in Class A licensed
establishments for the purpose of restricting access by minors.

The bill (Eng. Com. Sub. for H. B. No. 4237), as amended, was
then ordered to third reading.

Eng. House Bill No. 4286, Captive Cervid Farming Act.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on
Agriculture and Rural Development, was reported by the Clerk and
adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by
adding thereto a new article, designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-12, §19-2H-13, §19-2H-14 and §19-2H-15; and
that §20-1-2 of said code be amended and reenacted, all to read as
follows:

CHAPTER 19. AGRICULTURE.

ARTICLE 2H. CAPTIVE CERVID FARMING ACT.

§19-2H-1. Short title; joint regulation.

(a) This article shall be known and may be cited as the Captive
Cervid Farming Act.

(b) Captive cervid farming shall be jointly regulated by the
Department of Agriculture and the Division of Natural Resources.

(c) The department and division shall cooperate to implement
the provisions of this article, promulgate rules, draft any
Memorandums of Understanding or take other action as may be
necessary for the proper and effective enforcement of these
provisions.

§19-2H-2. Purpose and legislative findings.

(a) The purpose of this article is to promote this state’s
agricultural economy, to preserve family farming opportunities, to
encourage agricultural uses of the natural topography of the state’s
rural lands and to foster job retention and job creation in the
state’s rural areas by providing for comprehensive regulation of
captive cervid farming as a viable agricultural business, while also
preserving the importance of wildlife management and deer hunting in
this state.

(b) The Legislature finds and declares that captive cervid
farming is primarily an agricultural pursuit, and that captive
cervids may be raised in a manner similar to other livestock. The
Commissioner of Agriculture possesses the knowledge, training and
experience required to properly regulate captive cervid farms and to
adequately protect the health and safety of animals and the general
public. The Legislature also finds and declares that matters
related to promoting the cervid farming industry, the sale and
regulation of cervid meat excluding white-tailed deer and elk meat,
animal health, animal identification, record keeping and animal
husbandry methods and equipment are best managed and regulated by
the department.

(c) The Legislature further finds that the Division of Natural
Resourcesis empowered to regulate and protect the native wildlife
of this state, currently issues licenses for captive cervid
facilities, and has natural resources police officers to enforce its
regulations and permitting requirements. The division has a vested
interest in maintaining the health and safety of wildlife as part of
its wildlife management objectives, as well as encouraging the long
tradition of deer hunting in this state. Fencing, pen size,
entrapment of wildlife, interstate movement of captive cervids,
escaping captive cervids, and chronic wasting disease management are
best managed and regulated by the division.

§19-2H-3. Definitions.

As used in this article:

(1) “Bio-security” means measures, actions or precautions taken
to prevent the transmission of disease in, among or between wild and
captive cervids.

(2) “Captive cervid” or “captive cervids” means members of the
Cervidae family of animals including, but not limited to, fallow
deer, red deer, white-tailed deer, axis deer, elk, moose, reindeer
and caribou that are raised in captivity and under the control of
the owner of the animal.

(3) “Captive cervid farm” means the captive cervids, the fenced
area and all equipment and components regulated by the department
and the division for use as a captive cervid farming operation as
provided for in this article.

(4) “Commissioner” means the Commissioner of the West Virginia
Department of Agriculture.

(5) “Department” means the West Virginia Department of
Agriculture.

(6) “Division” means the Division of Natural Resources.

(7) “Identification system” means a process or procedure that
allows an individual cervid to be continuously recognized and
monitored as a unique animal throughout its lifetime.

(8) “License” means a Class One or Class Two Captive Cervid
Farm License issued by the department for the operation of a captive
cervid farm.

(9) “Owner” means the person who owns or operates a licensed
captive cervid farm, or his or her agent or operator.

(10) “Permit” means a Captive Cervid Fencing Permit issued by
the division for the operation of a captive cervid farm.

(11) “Release” means to allow a cervid from a licensed captive
cervid farm to be outside the perimeter fence of the farm without
being under the direct control of the owner.

§19-2H-4. Authority of the Department of Agriculture; rules.

(a) The department is granted the authority to regulate and
control captive cervid farm licenses, applications, requirements,
record keeping, animal husbandry, identification and tagging,
disease prevention, inoculation and testing, fee schedule for
services, species commingling, intrastate movement of captive
cervids, captive cervid meat inspection and sales excluding white-tailed deer and elk, and inspections of captive cervid farms in this
state in accordance with this article. Subject to the transition
provisions contained in section twelve of this article, no person
may operate a captive cervid farm in this state unless that person
holds a license issued by the commissioner pursuant to this article.

(b) The commissioner shall promulgate emergency or legislative
rules in accordance with article three, chapter twenty-nine-a of
this code to provide for implementation and enforcement of this
article.

(c) The rules, insofar as practicable, shall provide for the
protection of animal and human health and promotion of bio-security
that are consistent with the rules promulgated by the United States
Department of Agriculture, Division of Animal and Plant Health
Inspection Service.

(d) The rules shall include, but not be limited to,
requirements that:

(1) Implement an identification system that allows individual
captive cervid to be recognized, tracked and identified throughout
the animal’s life;

(2) Specify the record-keeping standards required of licensees,
including standards for documentation of purchases, propagation,
sales, slaughtering and any other documentation required to maintain
accurate and complete records of captive cervid farming operations;

(3) Establish animal health testing criteria to discover and
prevent the spread of disease in captive cervids, to conduct testing
and inoculations, and to impose quarantines; and

(4) Establish a schedule of fees and charges for services
provided by the department to licensed captive cervid farms.

§19-2H-5. Authority of the Division of Natural Resources; rules.

(a) The division is granted the authority to regulate, control
and inspect the fencing, pen size, entrapment of wildlife, escape of
captive cervids, interstate movement of captive cervids, and
management of chronic wasting disease and other diseases affecting
cervids in this state in accordance with this article and chapter
twenty of this code. Subject to the transition provisions contained
in section twelve of this article, no person may operate a captive
cervid farm in this state unless that person holds a permit issued
by the director pursuant to this article.

(b) The director shall promulgate emergency or legislative
rules in accordance with article three, chapter twenty-nine-a of
this code as are necessary to provide for implementation and
enforcement of this article.

(c) The rules promulgated under this section shall include, but
not be limited to, requirements that:

(1) Establish the specifications for fencing necessary to
prevent the escape of captive cervids and the infiltration of
wildlife into a licensed captive cervid farm. The fencing
regulations shall be reasonable and comport with accepted industry
and regulatory standards for captive cervids;

(2) Regulate the interstate movement of captive cervids and
provide for maintenance of documentation of the origin and
destination of all shipments and any other requisite documentation;
and

(3) Maintain chronic wasting disease and other disease
statistics, and develop any requisite management criteria for
chronic wasting disease and other disease containment zones and
intrastate movement of cervids therein to prevent the spread of the
disease.

§19-2H-6. Duties of the commissioner and director.

Pursuant to the scope of his or her authority under this
article, the commissioner or the director may:

(1) Establish a section and designate staff to implement this
article;

(2) Contract with veterinarians, biologists or other animal
health professionals to provide scientific expertise, services and
testing to implement the provisions of this article;

(3) Enter into interstate contracts with other states to
enhance the bio-security of captive cervid farms in this and other
states;

(5) Hold hearings, subpoena witnesses, administer oaths, take
testimony, require the production of evidence and documentary
evidence and designate hearing examiners; and

(6) Take any other action necessary or incidental to the
performance of their respective duties and powers under this
article.

§19-2H-7. Application for license or permit.

(a) A person applying to operate a captive cervid farm in this
state is required to have: 1) A Class One or Class Two Captive
Cervid Farm License from the department; and 2) a Captive Cervid
Fencing Permit from the division. The department and the division
shall provide the forms and instructions for the license and permit
applications.

(b) The following information shall be submitted by the person
to the department for a license, and the division for a permit:

(1) The mailing address of the proposed captive cervid farm and
the size, location and an adequate legal description of the farm;

(2) The number of each species of cervid proposed to be
included in the proposed farm;

(3) The bio-security measures to be utilized, including, but
not limited to, a description of the fencing and the animal
identification system to be used;

(4) The proposed method of flushing wild white-tailed deer from
the enclosure, if applicable;

(5) The record-keeping system;

(6) The method of verification that all wild white-tailed deer
have been removed;

(7) The current zoning, if any, of the property proposed for
the farm;

(8) Any other information considered necessary by the
department or division; and

(9) A closure plan for the safe disposition of captive cervids.

(c) The application shall be accompanied by the biennial
license and permit fees set forth below. The license and permit
fees and classes may be amended by rule, and are as follows:

(1) Class One Captive Cervid Farm License. –- Issued by the
department for a farm to be used only to breed and propagate cervids
and create byproducts for sale: $500;

(2) Class Two Captive Cervid Farm License. -- Issued by the
department for a farm to breed and propagate cervids and create
byproducts for sale, and to slaughter and sell captive cervid meat,
excluding the sale of white-tailed deer and elk meat: $1,250; and

(a) The department shall act on an application for a license,
and the division shall act on an application for a permit, within
sixty days of receipt. The department may issue a provisional
license, and the division a provisional permit, for a proposed farm
that has not yet been constructed, but operations shall not begin
until the completed farm has been inspected by the department and
division, and each has issued a license or permit, respectively.

(b) The department and division may not issue a license or
permit until it is determined that the captive cervid farm meets all
of the following criteria:

(1) The captive cervid farm has been inspected by the
department and division and meets the standards and requirements of
this article and the rules promulgated thereunder;

(2) The applicant has all requisite federal, state and local
governmental permits; and

(3) The owner has paid all applicable license and permit fees
and all charges for services provided to the captive cervid farm.

(c) If the department or division finds a deficiency in the
license or permit applications, the owner shall be given at least
thirty days to remedy the deficiency before the license or permit
application is denied.

(d) If the commissioner determines that the proposed captive
cervid farm does not comply with the requirements of this article
after the opportunity to remedy deficiencies, the commissioner shall
deny the license application and notify the applicant in writing of
the reasons for the denial.

(e) If the director determines that the proposed captive cervid
farm does not comply with the permit requirements of this article
after the opportunity to remedy deficiencies, the director shall
deny the permit application and notify the applicant in writing of
the reasons for the denial.

(f) The applicant may request a hearing from the commissioner
for a license denial, or the director for a permit denial, pursuant
to article five, chapter twenty-nine-a of this code to contest the
denial of a license or permit, or any limitations placed upon the
issuance of a license or permit.

(g) The department and division shall retain the license and
permit fees regardless of approval.

§19-2H-9. License and permit certificates; renewal; nontransferable.

(a) Once approved, the department shall issue a license
certificate, and the division shall issue a permit certificate, to
the owner of the captive cervid farm containing information such as:

(1) The class of license, the license number, the permit
number, and expiration dates;

(2) The cervid herd size and species approved for the farm;

(3) The name, business address, physical address and
directions, and telephone number of the owner of the farm; and

(b) An application for renewal of a license or permit shall be
submitted on forms provided by the department or division not later
than sixty days before expiration of the current license or permit.
Each license or permit issued shall be for a period of two years
from the date of issuance.

(c) The sale or transfer of ownership of a captive cervid farm
will not operate to transfer the license or permit. The departmentor division may issue a new license or permit to the transferee if
all requirements and fees are satisfied.

§19-2H-10. License and permit modification.

(a) An owner must apply to the department for a license
modification if there is any proposed change in the class of license
or the species approved for the captive cervid farm.

(b) An owner must apply to the division for a permit
modification if there is any proposed change to the captive cervid
farm permit.

§19-2H-11. Inspection of farm by the department and division.

The department and division shall have access at all reasonable
hours to any licensed or provisional captive cervid farm for the
purpose of conducting inspections, securing samples or specimens of
any cervid species and determining whether the owner is in
compliance with the requirements of this article. Any inspection
and sampling shall be conducted in a manner that will foster the
bio-security of captive cervid farms, and will not unnecessarily
jeopardize the health of the captive cervids.

A captive cervid farm in existence on the effective date of
this article may continue operation under its existing authorization
until the department and division act on its application for a
license and permit under this article if theowner of that farm
applies for a license and permit within sixty days after application
forms are made available to current licensees.

§19-2H-13. Noncompliance with article, standards, orders or rules;
suspension, revocation or limitation of license or
permit.

(a) The department may suspend, revoke or limit a license if
the licensee fails to comply with this article, standards adopted
under this article, orders issued by the commissioner as a result of
an administrative action or departmental review conducted under this
article or rules promulgated under this article.

(b) The division may suspend, revoke or limit a permit if the
permittee fails to comply with this article, standards adopted under
this article, orders issued by the director as a result of an
administrative action or review conducted under this article or
rules promulgated pursuant to this article.

§19-2H-14. Prohibited conduct; violation; penalty.

(a) A person may not recklessly release or permit the release
of a captive cervid from a captive cervid farm. A person may not
intentionally or recklessly allow the entry or introduction of wild
white-tailed deer into a captive cervid farm. Any person who
violates this subsection is guilty of a misdemeanor and, upon
conviction thereof, shall, for a first offense, be confined in jail
for not more than ninety days, or fined not less than $50 nor more
than $300 or both fined and confined. Any person who violates this
subsection for a second or subsequent offense is guilty of a
misdemeanor and, upon conviction thereof, shall be confined in jail
for not more than one year, or fined not less than $500 nor more
than $1,000, or both fined and confined.

(b) Any person who intentionally releases captive cervids into
the wild, or releases or abandons captive cervids by failing to
properly close or wind down a captive cervid farm, is guilty of a
felony and, upon conviction thereof, shall be imprisoned in a state
correctional facility not less than one nor more than three years,
or fined not less than $2,000 nor more than $5,000, or both fined
and imprisoned.

§19-2H-15. Findings of violations; remedies.

(a) The commissioner or director, upon finding that a person
has violated a provision this article or the rules promulgated
thereunder, may:

(1) Issue a warning; or

(2) Impose a civil penalty of not more than $1,000 per
violation, plus the costs of investigation, for each violation,
after notice and an opportunity for a hearing. A person aggrieved
by an administrative action under this section may request a hearing
pursuant to article five, chapter twenty-nine-a of this code.

(b) Notwithstanding any other provisions of this article, the
commissioner or director may bring an action to:

(1) Obtain a declaratory judgment that a particular method,
activity or practice is a violation of this article; or

(2) Obtain an injunction against a person who is engaging in a
method, activity or practice that violates this article.

(c) The remedies under this article are cumulative and use of
one remedy does not bar the use of any other remedy.

CHAPTER 20. NATURAL RESOURCES.

ARTICLE 1. ORGANIZATION AND ADMINISTRATION.

§20-1-2. Definitions.

As used in this chapter, unless the context clearly requires a
different meaning:

(1) "Agency" means any branch, department or unit of the state
government, however designated or constituted.

(2) "Alien" means any person not a citizen of the United
States.

(3) "Bag limit" or "creel limit" means the maximum number of
wildlife which may be taken, caught, killed or possessed by any
person.

(5) "Bona fide resident, tenant or lessee" means a person who
permanently resides on the land.

(6) "Citizen" means any native-born citizen of the United
States and foreign-born persons who have procured their final
naturalization papers.

(7) "Closed season" means the time or period during which it
shall be unlawful to take any wildlife as specified and limited by
the provisions of this chapterregulation.

(8) "Commission" means the Natural Resources Commission.

(9) "Commissioner" means a member of the advisory commission of
the Natural Resources Commission.

(10) "Director" means the Director of the Division of Natural
Resources.

(11) "Fishing" or "to fish" means the taking, by any means, of
fish, minnows, frogs or other amphibians, aquatic turtles and other
forms of aquatic life used as fish bait, whether dead or alive.

(12) "Fur-bearing animals" include:(a) The mink; (b) the
weasel; (c) the muskrat; (d) the beaver; (e) the opossum; (f) the
skunk and civet cat, commonly called polecat; (g) the otter; (h) the
red fox; (i) the gray fox; (j) the wildcat, bobcat or bay lynx; (k)
the raccoon; and (l) the fisher.

(13) "Game" means big game, game animals, game birds, and game
fish and small game as herein defined.

(14) "Game animals" include:(a) The elk; (b) the white-tailed
deer; (c) the cottontail rabbits and hares; (d) the fox squirrels,
commonly called red squirrels, and gray squirrels and all their
color phases - red, gray, black or albino; (e) the raccoon; (f) the
black bear; and (g) the wild boar.

(15) "Game birds" include:(a) The anatidae, commonly known as
swan, geese, brants and river and sea ducks; (b) the rallidae,
commonly known as rails, sora, coots, mudhens and gallinule; (c) the
limicolae, commonly known as shorebirds, plover, snipe, woodcock,
sandpipers, yellow legs and curlews; (d) the galliformes, commonly
known as wild turkey, grouse, pheasants, quails and partridges (both
native and foreign species); (e) the columbidae, commonly known as
doves; (f) the icteridae, commonly known as blackbirds, redwings and
grackle; and (g) the corvidae, commonly known as crows.

(17) "Hunt" means to pursue, chase, catch or take any wild
birds or wild animals. Provided, Thatwildlife. However, the
definition of “hunt” does not include an officially sanctioned and
properly licensed field trial, water race or wild hunt as long as
that field trial is not a shoot-to-retrieve field trial.

(19) "Migratory birds" means any migratory game or nongame
birds included in the terms of conventions between the United States
and Great Britain and between the United States and United Mexican
States, known as the Migratory Bird Treaty Act, for the protection
of migratory birds and game mammals concluded, respectively, August
16, 1916, and February 7, 1936.

(20) "Nonresident" means any person who is a citizen of the
United States and who has not been a domiciled resident of the State
of West Virginia for a period of thirty consecutive days immediately
prior to the date of his or her application for a license or permit
except any full-time student of any college or university of this
state, even though he or she is paying a nonresident tuition.

(21) "Open season" means the time during which the various
species of wildlife may be legally caught, taken, killed or chased
in a specified manner and shall include both the first and the last
day of the season or period designated by the director.

(23) "Preserve" means all duly licensed private game farmlandsfarms, or private plants, ponds or areas, where hunting or fishing
is permitted under special licenses or seasons other than the
regular public hunting or fishing seasons. The term “preserve” does
not mean a captive cervid farm pursuant to article two-h, chapter
nineteen of this code, though a captive cervid farm may also be
licensed as a preserve.

(24) "Protected birds" means all wild birds not included within
the definition of "game birds" and "unprotected birds".

(25) "Resident" means any person who is a citizen of the United
States and who has been a domiciled resident of the State of West
Virginia for a period of thirty consecutive days or more immediately
prior to the date of his or her application for a license or permit.
Provided, ThatHowever, a member of the armed forces of the United
States who is stationed beyond the territorial limits of this state,
butand who was a resident of this state at the time of his or her
entry into suchthe service, and any full-time student of any
college or university of this state even though he or she is paying
a nonresident tuition, shall be considered a resident under the
provisions of this chapter.

(26) "Roadside menagerie" means any place of business, other
than a commercial game farm, commercial fish preserve, place or
pond, where any wild bird, game bird, unprotected bird, game animal
or fur-bearing animal is kept in confinement for the attraction and
amusement of the people for commercial purposes.

(28) "Take" means to hunt, shoot, pursue, lure, kill, destroy,
catch, capture, keep in captivity, gig, spear, trap, ensnare, wound
or injure any wildlife, or attempt to do so. Provided, ThatHowever, the definition of “take” does not include an officially
sanctioned and properly licensed field trial, water race or wild
hunt as long as that field trial is not a shoot-to-retrieve field
trial.

(29) "Unprotected birds" shall include:(a) The English sparrow;
(b) the European starling; and (c) the cowbird.

(30) "Wild animals" means all mammals native to the State of
West Virginia occurring either in a natural state or in captivity,
except house mice or rats.

(31) "Wild birds" shall include all birds other than:(a)
Domestic poultry - chickens, ducks, geese, guinea fowl, peafowls and
turkeys; (b) psittacidae, commonly called parrots and parakeets; and
(c) other foreign cage birds such as the common canary, exotic
finches and ring dove. All wild birds, either:(i) Those occurring
in a natural state in West Virginia; or (ii) those imported foreign
game birds, such as waterfowl, pheasants, partridges, quail and
grouse, regardless of how long raised or held in captivity, shall
remain wild birds under the meaning of this chapter.

(32) "Wildlife" means wild birds, wild animals, game, and fur-bearing animals, fish (including minnows), reptiles, amphibians,
mollusks, crustaceans and all forms of aquatic life used as fish
bait, whether dead or alive.native to the state of West Virginia
unless the context indicates otherwise.

(33) "Wildlife refuge" means any land set aside by action of
the director as an inviolate refuge or sanctuary for the protection
of designated forms of wildlife.

The bill (Eng. H. B. No. 4286), as amended, was then ordered to
third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 27. COURT REPORTER SERVICES.

§47-27-1. Fair trade standards for use of court reporter services.

(a) The purpose of this article is to ensure the integrity of
the use of court reporter services by establishing standards for
private court reporters and entities providing or arranging for
court reporting services. It is declared the policy of the State of
West Virginia that fair, ethical and impartial selection and use of
court reporting services are integral to the equitable
administration of justice.

(b) For purposes of this article, “court reporter” means
private court reporters providing court reporting services, as well
as businesses, entities or firms that provide or arrange for court
reporting services, and “original transcript” means the original
transcription requested by a party along with a certified copy of
same for purposes of filing with a court.

(c) The provisions described in this article apply to court
reporting services performed in this state that are:

(1) Provided by a court reporter, wherever based, in connection
with a legal proceeding commenced or maintained in this state; and

(2) Provided by a court reporter based in this state, whether
the parties appear in person or by remote means.

(d) The provisions of this article do not apply to the conduct
of official court reporters or their substitutes, appointed by
judges pursuant to section one, article seven, chapter fifty-one of
this code, when acting in their official capacities, reporters of
government proceedings not relating to a legal proceeding, local or
federal courts, providing real-time services for hard-of-hearing
litigants, the provision of pro bono services to litigants who would
qualify for the same through West Virginia Legal Aid or other
similar organizations, workers’ compensation proceedings or legal
proceedings recorded with sound-and-visual devices. A legal
proceeding includes, but is not limited to, the following:

(1) A court proceeding;

(2) A deposition;

(3) An arbitration hearing; and

(4) An examination under oath.

(e) Court reporters, businesses, entities, insurers or firms
providing or arranging for court reporting services are subject to
the provisions of this section even if the businesses, entities,
insurers or firms are not subject to registration or other
regulatory oversight in the state.

§47-27-2. Prohibited conduct.

(a) A legal proceeding may not be reported by:

(1) An individual who engages in a prohibited action as
provided in this section;

(2)A party to the action;

(3) A relative, employee or attorney of one of the parties;

(4) Someone with a financial interest in the action or its
outcome; or

(5) A relative, employee or attorney of someone with a
financial interest in the action or its outcome.

(b) Court reporters may not:

(1) Base the compensation for the court reporting services on
the outcome of the proceeding or otherwise giving the court reporter
or court reporting business, entity or firm a financial interest in
the action. Court reporters or businesses, entities or firms
providing or arranging for court reporting services may not offer or
provide court reporting services where payment for those services
will be made contingent on the outcome of the action.

(2) Enter into an agreement, whether formal or informal, for
court reporting services which restricts the noticing attorney or
party to a legal proceeding from selecting and using the court
reporter of his or her own choosing or otherwise requires the
noticing attorney or party to a legal proceeding to select or use a
court reporter not of his or her own choosing. Before accepting an
assignment for court reporting services, the court reporter is
obligated to make reasonable efforts to ascertain whether any
arrangement exists which is prohibited under this article .

(3) Allow the format, content or body of the transcript as
certified by the court reporter to be manipulated in a manner that
increases the cost of the transcript.

(4) Charge a fee for the electronic copy or paper copy of a
transcript that is more than fifty-five percent of the cost of the
original transcript, except by agreement of all parties to a legal
proceeding. This prohibition does not apply to real-time court
reporting services or accelerated transcript delivery requests made
by the party requesting a copy of the transcript when the party
requesting the original has not requested accelerated delivery.

(5) Require the attorney purchasing the original or a copy of
the transcript to purchase extra services that were neither ordered
nor desired from the court reporter as a condition for the sale of
the transcript.

§47-27-3. Disclosure and limitations on practices.

(a) Prior to the commencement of a legal proceeding, and at any
time during or following the conclusion of a legal proceeding, an
attorney or a party to that legal proceeding has the right to an
itemized statement of all rates and charges for all services that
have been or will be provided by the court reporter or business,
entity or firm providing or arranging for court reporting services
to any party to the legal proceeding.

(b) A court reporter shall certify on the certification page of
each transcript of a legal proceeding, the following: “I certify
that the attached transcript meets the requirements set forth within
article twenty-seven, chapter forty-seven of the West Virginia
Code.”

(c) Each transcript of a legal proceeding shall conform to the
following minimum standards:

(3) A full line of text shall be no less than fifty-six
characters and/or spaces unless timestamping is used, in which case
no fewer than forty-eight characters and/or spaces shall be used on
a full line of text.

(4) Timestamping may only be printed on a transcript under any
of the following circumstances: (A) when a deposition is videotaped;
(B) when requested by counsel on the record; and (C) when a
transcript will have not less than forty-eight characters per line.

(5) The page numbers, headers and footers do not count as a
line of text. Line numbers and the spaces preceding text do not
count as a character.

(6) Each question and answer to begin on a separate line.

(7) Each question and answer to begin no more than five spaces
from the left-hand margin with no more than five spaces from the
question and answer to the text.

(8) Carry-over question and answer lines to begin at the left-hand margin.

(9) Colloquy material to begin no more than fifteen spaces from
the left-hand margin, with carryover colloquy to the left-hand
margin. In colloquy, text shall begin no more than two spaces after
the colon following speaker identification.

(10) Quoted material to begin no more than fifteen spaces from
the left-hand margin, with carry-over lines to begin no more than
ten spaces from the left-hand margin.

(11) Parentheticals and exhibit markings to begin no more than
fifteen spaces from the left-hand margin, with carry-over lines to
begin no more than fifteen spaces from the left-hand margin.

(d) The provisions of sections one, two or three of this
article may not be waived or otherwise modified.

§47-27-4. Penalties for violations; civil actions; and damages.

A court reporter or the entity that produces and bills for the
transcript which violates the provisions of sections two or three of
this article is subject to civil penalty in a court of competent
jurisdiction as follows: Any party to a civil action, a court
reporter, attorney or other person who has been subject to a
violation of the provisions of sections two or three of this article
may recover, payable to the prevailing party, a civil penalty for
any willful violation of this section and the court shall assess a
civil penalty of no less than $2,500 for each violation: Provided,
That no more than one civil penalty under this section may be
assessed in any one matter pending before the court; and if the
court finds that the court reporter has engaged in a course of
repeated and willful violations of this section, it may assess an
additional civil penalty of up to $5,000 for each violation of this
section. For any action filed pursuant to this section, the court,
in its discretion, may award all or a portion of the costs of
litigation, including reasonable attorney fees, court costs and
fees, to the prevailing party.

The bill (Eng. Com. Sub. for H. B. No. 4294), as amended, was
then ordered to third reading.

On page seven, section five-h, line one hundred five, by
striking out the word “to” and inserting in lieu thereof the word
“for”;

On page ten, section five-h, line one hundred seventy-three, by
striking out the word “Officer” and inserting in lieu thereof the
word “Manager”;

On page ten, section five-h, line one hundred seventy-four, by
striking out the word “officer” and inserting in lieu thereof the
word “manager”;

On page ten, section five-h, line one hundred seventy-six, by
striking out the word “officer” and inserting in lieu thereof the
word “manager”;

And,

On page twelve, section five-h, line two hundred nineteen, by
striking out the word “officer” and inserting in lieu there of the
word “manager”.

At the request of Senator Boley, and by unanimous consent, the
bill (Eng. Com. Sub. for H. B. No. 4316), as amended, was advanced
to third reading with the right for further amendments to be
considered on that reading.

Eng. Com. Sub. for House Bill No. 4333, Relating to the
redirection of certain Lottery revenues to the State Excess Lottery
Revenue Fund.

On second reading, coming up in regular order, was read a
second time.

At the request of Senator Unger, and by unanimous consent, the
bill was advanced to third reading with the unreported Finance
committee amendment pending and the right for further amendments to
be considered on that reading.

Eng. Com. Sub. for House Bill No. 4335, Relating to a child's
right to nurse.

On second reading, coming up in regular order, was read a
second time.

At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
bill was withdrawn.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

On page two, section nineteen, line five, by striking out the
comma after the word “location”.

At the request of Senator Barnes, and by unanimous consent, the
bill was advanced to third reading with the right for further
amendments to be considered on that reading.

Eng. Com. Sub. for House Bill No. 4339, Ensuring that moneys
from the Solid Waste Authority Closure Cost Assistance Fund are
available to facilitate the closure of the Elkins-Randolph County
Landfill and the Webster County Landfill.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

On page seven, section twelve, after line eighty-nine, by
adding a new subsection, designated subsection (i), to read as
follows:

(i) The Prichard Landfill in Wayne County is eligible for funds
from the Closure Cost Assistance Fund necessary to complete post
closure maintenance and monitoring upon the filing of an appropriate
application. In the event of a permit transfer, neither the State
nor the Wayne County economic development authority or entity may
assume any liability from the private landfill other than post
closure maintenance and monitoring costs.

The bill (Eng. Com. Sub. for H. B. No. 4339), as amended, was
then ordered to third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:

On page thirty-seven, section four, line thirteen, by striking
out the word “two” and inserting in lieu thereof the word “three”;

On page thirty-nine, section four, lines forty-six through
fifty-one, by striking out all of subsection (g) and inserting in
lieu thereof a new subsection, designated subsection (g), to read as
follows:

(g) Duration of launchpad designation. -- The designation of a
geographic area as a West Virginia project launchpad for economic
development is for a period not to exceed eight years, beginning
January 1, 2015 and ending December 31, 2022, unless the launchpad
is sooner decertified as provided in this article, or the ending
date is extended by the Legislature.;

On page fifty-six, section ten, line sixty-three, by striking
out “2025” and inserting in lieu thereof “2019”;

On page sixty-five, section seventeen, lines five through
seven, by striking out all of subdivision (1);

On page sixty-six, section seventeen, line eight, by striking
out "(2)" and inserting in lieu thereof "(1)";

On page sixty-six, section seventeen, lines twenty-four through
seventy, by striking out all of subdivision (3) and inserting in
lieu thereof a new subdivision, designated subdivision (2), to read
as follows:

(2) All of the following:

(A) Net gains or income, less net losses, derived by a resident
or nonresident of a West Virginia project launchpad for economic
development from the sale, exchange or other disposition of real or
tangible personal property located in a West Virginia project
launchpad for economic development as determined in accordance with
generally accepted accounting principles and practices. The
exemption provided in this paragraph (A) shall not apply to the
sale, exchange or other disposition of any stock of goods,
merchandise or inventory, or any operational assets unless the
transfer is in connection with the sale, exchange or other
disposition of all of the assets in complete liquidation of a
qualified business located in a West Virginia project launchpad for
economic development. This paragraph (A) shall also apply to
intangible personal property employed in a trade, profession or
business that is a qualified business in a West Virginia project
launchpad for economic development, but only when transferred in
connection with a sale, exchange or other disposition of all of the
assets in complete liquidation of the qualified business located in
the West Virginia project launchpad for economic development.

(B) The exemption from income for gain or loss provided in
subparagraphs (i) and (ii) of this paragraph (B) shall be prorated
based on the following:

(i) In the case of gains, less net losses, in this subparagraph
(i), the percentage of time, based on calendar days, the property
located in a West Virginia project launchpad for economic
development was held by a resident or nonresident of the West
Virginia project launchpad for economic development during the time
period the West Virginia project launchpad for economic development
was in effect in relation to the total time the property was held;
and

(ii) In the case of gains, less net losses, in this
subparagraph (ii), the percentage of time, based on calendar days,
the property was held by the business while a resident of a West
Virginia project launchpad for economic development in relation to
the total time the property was held by the person or business.;

On page sixty-nine, section seventeen, line seventy-one, by
striking out "(4)" and inserting in lieu thereof "(3)";

On page seventy, section seventeen, lines ninety-one through
ninety-six, by striking out all of subdivisions (5) and (6);

And by renumbering the remaining subdivision;

On page seventy-one, section seventeen, line one hundred
sixteen, by striking out “(2), (3) and (4)” and inserting in lieu
thereof “(1), (2) and (3)”;

On page eighty-nine, section twenty-four, by striking out the
section caption and substituting therefor a new section caption, to
read as follows:

§5B-2I-24. Local business and occupation taxes and net profits
taxes.;

On pages eighty-nine and ninety, section twenty-four, lines one
through twenty-five, by striking out all of subsection (a) and
inserting in lieu thereof a new subsection, designated subsection
(a), to read as follows:

(a) General exemption. -- A municipal corporation or county
commission or county council that has enacted any tax on the
privilege of engaging in any business activity, profession or
occupation, measured by gross receipts or net profits, may impose
that tax on persons or qualified businesses located within the
boundaries of an authorized West Virginia project launchpad for
economic development. The municipal corporation or county commission
or county council shall exempt from the imposition or operation of
the local tax ordinances, statutes, regulations or otherwise:

(1) The business gross receipts for operations conducted by a
qualified business within an authorized West Virginia project
launchpad for economic development; and

(2) The net profits of a qualified business attributable to
business activity conducted within an authorized West Virginia
project launchpad for economic development when imposed by the
qualified political subdivision where that qualified business is
located.

No exemption may be granted for operations conducted, for
earned income received or for activities conducted prior to
designation of the real property as part of an authorized West
Virginia project launchpad for economic development.;

On page ninety-one, section twenty-four, line thirty-three, by
striking out all of subdivision (2);

And by renumbering the remaining subdivision;

On page ninety-eight, section thirty-one, line six, by striking
out “2019, 2023, 2027 and 2031” and inserting in lieu thereof “2019
and 2023”;

On page one hundred, section thirty-six, line one, by striking
out “(a)”;

On pages one hundred one and one hundred two, section thirty-six, lines twenty-two through twenty-eight, by striking out all of
subsection (b);

On page one hundred three, section forty-one, line two, by
striking out “2030” and inserting in lieu thereof “2022”;

On page one hundred four, section three, lines two and three,
by striking out the words “and improvements to real property”;

On page one hundred five, section four, lines two and three, by
striking out the words “and improvements to real property”;

On page one hundred five, section four, line ten, by striking
out the words “and improvements to real property”;

On page one hundred six, section four, lines twenty and twenty-one, by striking out the words “and improvements to real property”;

On page one hundred six, section four, line twenty-seven, by
striking out the words “and improvements to real property”;

On page one hundred nine, section two, line four, by striking
out the words “this state” and inserting in lieu thereof the words
“a launchpad established in article two-i, chapter five-b of this
code”;

On page one hundred twelve, section five, lines one through
four, by striking out all of subsection (a) and inserting in lieu
thereof a new subsection, designated subsection (a), to read as
follows:

(a) Requirement. -- A qualified company that enters into an
agreement must create at least five new jobs in a launchpad
established pursuant to article two-i, chapter five-b of this code,
within two years of entering into the agreement under section eight
of this article.;

On pages one hundred thirteen and one hundred fourteen, section
five, lines twenty-two through twenty-six, by striking out all of
subsection (c) and inserting in lieu thereof a new subsection,
designated subsection (c), to read as follows:

(c) When the qualified company certifies that it has a student
loan payment assistance program that provides student loan
assistance benefits to its West Virginia employees, then the words
“ninety-five percent” shall be substituted for “seventy-five
percent” in subsection (b) of this section.;

And,

On page one hundred fourteen, section five, line thirty-six,
after the word “article” by inserting the words “and that the amount
of taxes withheld will still be allowed as a credit when the
employee files his or her West Virginia income tax return”.

The bill (Eng. Com. Sub. for H. B. No. 4343), as amended, was
then ordered to third reading.

(a) The Department of Environmental Protection, in consultation
with the Department of Environmental Protection Advisory Council,
shall establish separate standards of performance for carbon dioxide
emissions from existing coal-fired electric generating units in
accordance with subsection (b) and from existing natural gas-fired
electric generating units in accordance with subsection (c). The
standards of performance developed and proposed under any state plan
to comply with Section 111 of the Clean Air Act should allow for
greater flexibility and take into consideration the additional
factors set forth in subsection (d) as a part of any state plan to
achieve targeted reductions in greenhouse gas emissions which are
equivalent or comparable to the goals and marks established by
federal guidelines.

(b) Standards of performance for existing coal-fired electric
generating units. -- Except as provided under subsection (d), the
standard of performance established for existing coal-fired electric
generating units under subsection (a) shall be based upon:

(1) The best system of emission reduction which, taking into
account the cost of achieving the reduction and any nonair quality
health and environmental impact and energy requirements, has been
adequately demonstrated for coal-fired electric generating units
that are subject to the standard of performance;

(2) Reductions in emissions of carbon dioxide that can
reasonably be achieved through measures undertaken at each coal-fired electric generating unit; and

(3) Efficiency and other measures that can be undertaken at
each coal-fired electric generating unit to reduce carbon dioxide
emissions from the unit without switching from coal to other fuels,
cofiring other fuels with coal or limiting the economic utilization
of the unit; and

(4) Additional regulatory mechanisms that provide flexibility
in complying with the standards, including: (A) Emissions trading
with credited reduction for any unit that was in operation January
1, 2011, or thereafter, and fleet wide averaging; (B) other
alternative implementation measures that are determined to further
the interests of West Virginia and its citizens including state
programs such as clean energy programs that mandate reduced energy
consumption resulting in avoided emissions, emission reductions, or
a reduction in the state’s carbon dioxide intensity whereby the
state shall credit equally based on the output to the generators
located in the state that are subject to carbon dioxide performance
standard rules under Section 111(d) of the Clean Air Act.

(c) Standards of performance for existing natural gas-fired
electric generating units. -- Except as provided in subsection (d),
the standard of performance established for existing gas-fired
electric generating units under subsection (a) shall be based upon:

(1) The best system of emission reduction which, taking into
account the cost of achieving the reduction and any nonair quality
health and environmental impact and energy requirements, has been
adequately demonstrated for natural gas-fired electric generating
units that are subject to the standard of performance;

(2) Reductions in emissions of carbon dioxide that can
reasonably be achieved through measures at each natural gas-fired
electric generating unit; and

(3) Efficiency and other measures that can be undertaken at the
unit to reduce carbon dioxide emissions from the unit without
switching from natural gas to other lower-carbon fuels or limiting
the economic utilization of the unit.

(d) Flexibility in establishing standards of performance. -- In
developing a flexible state plan to achieve targeted reductions in
greenhouse gas emissions, the Department of Environmental Protection
shall endeavor to establish an achievable standard of performance
for any existing fossil fuel-fired electric generating unit, and
examine whether less stringent performance standards or longer
compliance schedules may be implemented or adopted for existing
fossil fuel-fired electric generating units in comparison to the
performance standards established for new, modified or reconstructed
generating units, based on the following:

(1) Consumer impacts, including any disproportionate impacts of
energy price increases on lower income populations;

(2) Nonair quality health and environmental impacts;

(3) Projected energy requirements;

(4) Market-based considerations in achieving performance
standards;

(5) The costs of achieving emission reductions due to factors
such as plant age, location or basic process design;

(7) The absolute cost of applying the performance standard to
the unit;

(8) The expected remaining useful life of the unit;

(9) The impacts of closing the unit, including economic
consequences such as expected job losses, if the unit is unable to
comply with the performance standard;

(10) Impacts on the reliability of the system; and

(11) Any other factors specific to the unit that make
application of a modified or less stringent standard or a longer
compliance schedule more reasonable.

(e) State plan requirement. -- The Department of Environmental
Protection shall propose or submit to the U. S. Environmental
Protection Agency a state plan which includes achievable performance
standards for existing sources, and a combination of additional
measures designed to meet the U. S. Environmental Protection
Agency’s guidelines, consistent with the considerations,

goals and parameters set forth in this section.

On motion of Senator Cann, the following amendment to the
Energy, Industry and Mining committee amendment to the bill (Eng. H.
B. No. 4346) was next reported by the Clerk and adopted:

On page two, section twenty, subsection (b), subdivision (3),
after the word "fuels" by striking out the comma and the words
“cofiring other fuels with coal”.

The question now being on the adoption of the Energy, Industry
and Mining committee amendment to the bill, as amended, the same was
put and prevailed.

The bill (Eng. H. B. No. 4346), as amended, was then ordered to
third reading.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 2. CONSUMER CREDIT PROTECTION.

§46A-2-128. Unfair or unconscionable means.

No debt collector shallmay use unfair or unconscionable means
to collect or attempt to collect any claim. Without limiting the
general application of the foregoing, the following conduct is
deemed to violate this section:

(a) The seeking or obtaining of any written statement or
acknowledgment in any form that specifies that a consumer's
obligation is one incurred for necessaries of life where the
original obligation was not in fact incurred for such necessaries;

(b) The seeking or obtaining of any written statement or
acknowledgment in any form containing an affirmation of any
obligation by a consumer who has been declared bankrupt, without
clearly disclosing the nature and consequences of such affirmation
and the fact that the consumer is not legally obligated to make such
affirmation;

(c) The collection or the attempt to collect from the consumer
all or any part of the debt collector's fee or charge for services
rendered: Provided, That attorney's fees, court costs and other
reasonable collection costs and charges necessary for the collection
of any amount due upon delinquent educational loans made by any
institution of higher education within this state may be recovered
when the terms of the obligation so provide. Recovery of attorney's
fees and collection costs may not exceed thirty-three and one-third
percent of the amount due and owing to any such institution: Provided, however, That nothing contained in this subsection shall
be construed to limit or prohibit any institution of higher
education from paying additional attorney fees and collection costs
as long as such additional attorney fees and collection costs do not
exceed an amount equal to five percent of the amount of the debt
actually recovered and such additional attorney fees and collection
costs are deducted or paid from the amount of the debt recovered for
the institution or paid from other funds available to the
institution;

(d) The collection of or the attempt to collect any interest or
other charge, fee or expense incidental to the principal obligation
unless such interest or incidental fee, charge or expense is
expressly authorized by the agreement creating the obligation and by
statute; and

(e) Any communication with a consumer whenever it appears that
the consumer is represented by an attorney and the attorney's name
and address are known, or could be easily ascertained, unless the
attorney fails to answer correspondence, return phone calls or
discuss the obligation in question or unless the attorney consents
to direct communication; and

(f) When the debt is beyond the statute of limitations for
filing a legal action for collection, failing to provide the
following disclosure informing the consumer in its initial written
communication with such consumer that:

(1) When collecting on a debt that is not past the date for
obsolescence provided for in Section 605(a) of the Fair Credit
Reporting Act, 15 U. S. C. 1681c: "The law limits how long you can
be sued on a debt. Because of the age of your debt, (INSERT OWNER
NAME) cannot sue you for it. If you do not pay the debt, (INSERT
OWNER NAME) may report or continue to report it to the credit
reporting agencies as unpaid"; and

(2) When collecting on debt that is past the date for
obsolescence provided for in Section 605(a) of the Fair Credit
Reporting Act, 15 U. S. C. 1681c: "The law limits how long you can
be sued on a debt. Because of the age of your debt, (INSERT OWNER
NAME) cannot sue you for it and (INSERT OWNER NAME) cannot report it
to any credit reporting agencies.

The bill (Eng. Com. Sub. for H. B. No. 4360), as amended, was
then ordered to third reading.

Eng. Com. Sub. for House Bill No. 4432, Adopting Principle
Based Reserving as the method by which life insurance company
reserves are calculated.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

Eng. Com. Sub. for House Bill No. 4560, Relating to
reimbursement for copies of medical records.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 29. HEALTH CARE RECORDS.

§16-29-1. Copies of health care records to be furnished to
patients.

(a) Any licensed, certified or registered health care provider
so licensed, certified or registered under the laws of this state
shall, upon the written request of a patient, his or her authorized
agent or authorized representative, within a reasonable time,
furnish a copy, as requestedin the form of a paper copy or, if
requested and if the provider routinely stores records
electronically and has the ability to so provide, a copy in an
electronic format including, but not limited to, a copy saved upon
a computer disc, an electronically mailed copy or a copy saved upon
a portable memory device of all or a portion of the patient's record
to the patient, his or her authorized agent or authorized
representative subject to the following exceptions:

(a)(1) In the case of a patient receiving treatment for
psychiatric or psychological problems, a summary of the record shall
be made available to the patient, his or her authorized agent or
authorized representative following termination of the treatment
program.

(2) The furnishing of a copy, as requested, of the reports of
X-ray examinations, electrocardiograms and other diagnostic
procedures shall be deemed to comply with the provisions of this
article.

(b) Nothing in this article shall be construed to require a
health care provider responsible for diagnosis, treatment or
administering health care services in the case of minors for birth
control, prenatal care, drug rehabilitation or related services or
venereal disease according to any provision of this code, to release
patient records of such diagnosis, treatment or provision of health
care as aforesaid to a parent or guardian, without prior written
consent therefor from the patient, nor shall anything in this
article be construed to apply to persons regulated under the
provisions of chapter eighteen of this code or the rules and
regulations established thereunder.

(c) The furnishing of a copy, as requested, of the reports of
X-ray examinations, electrocardiograms and other diagnostic
procedures shall be deemed to comply with the provisions of this
article: Provided, That original radiological study film from a
radiological exam conducted pursuant to a request from a patient or
patient's representative shall be provided to the patient or
patient's representative upon written request and payment for the
exam. The health care provider shall not be required to interpret
or retain copies of the film and shall be immune from liability
resulting from any action relating to the absence of the original
radiological film from the patient's record.

(d)(c) This article shalldoes not apply to records subpoenaed
or otherwise requested through court process.

(e)(d) The provisions of this article may be enforced by a
patient, authorized agent or authorized representative, and any
health care provider found to be in violation of this article shall
pay any attorney fees and costs, including court costs incurred in
the course of such enforcement.

(f)(e) Nothing in this article shall be construed to apply to
health care records maintained by health care providers governed by
the AIDS-related Medical Testing and Records Confidentiality Act
under the provisions of article three-c of this chapter.

§16-29-2. Reasonable expenses to be reimbursed.

(a) The provider shall be reimbursed by the person requesting
in writing a copy of the records at the time of delivery for all
reasonable expenses incurred in complying with this article:
Provided, That the cost may not exceed $0.75 per page for the
copying of any record or records which have already been reduced to
written form and a search fee may not exceed $10:A person
requesting records from a provider shall place the request in
writing and pay a reasonable, cost-based fee, at the time of
delivery. Notwithstanding any other section of the code or rule,
the fee shall be based on the provider’s cost of:(1) Labor for
copying the requested records if in paper, or for placing the
records in electronic media; (2)Supplies for creating the paper copy
or electronic media; and

(3) Postage if the person requested that the records be mailed.

If a person requests or agrees to an explanation or summary of the
records, the provider may charge a reasonable cost-based fee for the
labor cost if preparing the explanation or the summary; for the
supplies for creating the explanation or summary; and for the cost
of postage, if the person requested that the records be mailed. If
the records are stored with a third party or a third party responds
to the request for records in paper or electronic media, the
provider may charge additionally for the actual charges incurred
from the third party.

(b) The labor for copying under this section shall be twenty
two dollars and fifty cents per hour and shall be adjusted to
reflect the consumer price index for medical care services such that
the base amount and the per page charge shall be increased by the
proportional consumer price index in effects as of October of the
calendar year in which the request was made, rounded to the nearest
dollar.

(b)(c) Notwithstanding the provisions of subsection (a) of
this section, a provider shall not impose a charge on an indigent
person or his or her authorized representative if the medical
records are necessary for the purpose of supporting a claim or
appeal under any provisions of the Social Security Act, 42 U.S.C.
§301 et seq.

For purposes of this section, a person is considered indigent
if he or she:

(1) Is represented by an organization or affiliated pro bono
program that provides legal assistance to indigents; or

(2) Verifies on a medical records request and release form that
the records are requested for purposes of supporting a Social
Security claim or appeal and submits with the release form
reasonable proof that the person is financially unable to pay full
copying charges by reason of unemployment, disability, income below
the federal poverty level, or receipt of state or federal income
assistance.

(d)(e) Any person requesting free copies of written medical
records pursuant to the provisions of subsection (b) of this section
is limited to one set of copies per provider. Any additional
requests for the same records from the same provider shall be
subject to the fee provisions of subsection (a).

The bill (Eng. Com. Sub. for H. B. No. 4560), as amended, was
then ordered to third reading.

Eng. House Bill No. 4588, Protecting unborn children who are
capable of experiencing pain by prohibiting abortion after twenty
weeks.

On second reading, coming up in regular order, was read a
second time.

At the request of Senator Stollings, as chair of the Committee
on Health and Human Resources, and by unanimous consent, the
unreported Health and Human Resources committee amendment to the
bill was withdrawn.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by
adding thereto a new article, designated §16-2M-1, §16-2M-2,
§16-2M-3, §16-2M-4, §16-2M-5 and §16-2M-6, all to read as follows:

ARTICLE 2M. THE PAIN-CAPABLE FETUS PROTECTION ACT.

§16-2M-1. Findings.

The Legislature finds that there is substantial medical
evidence that a fetus is capable of experiencing pain by twenty
weeks after fertilization.

§16-2M-2. Definitions.

For purposes of this article, the following words and phrases
have the following meanings:

(1) “Attempt to perform or induce an abortion” means an act or
an omission of a statutorily required act that, under the
circumstances as the person believes them to be, constitutes a
substantial step in a course of conduct planned to culminate in the
performance or induction of an abortion in this state in violation
of the applicable provisions of this code.

(2) “Fertilization” means the fusion of a human spermatozoon
with a human ovum.

(3) “Fetus” means the developing young in the uterus,
specifically the unborn offspring in the postembryonic period from
nine weeks after fertilization until birth.

(4) “Medical emergency” means a condition that, on the basis of
a reasonably prudent physician’s reasonable medical judgment, so
complicates the medical condition of a pregnant female that it
necessitates the immediate abortion of her pregnancy without first
determining post-fertilization age to avert her death or for which
the delay necessary to determine post-fertilization age will create
serious risk of substantial and irreversible physical impairment of
a major bodily function.

(5) “Non-medically viable fetus” means a fetus that contains
sufficient fetal anomalies so as to render the fetus medically
futile or incompatible with life outside the womb in the reasonable
medical judgment of a reasonably prudent physician.

(6) “Physician” means a person with an unlimited license to
practice allopathic medicine pursuant to article three of chapter
thirty of this code or osteopathic medicine pursuant fourteen of
chapter thirty of this code.

(7) “Post-fertilization age” means the age of the fetus as
calculated from the fertilization of the human ovum.

(8) “Probable post-fertilization age of the fetus” means, in
reasonable medical judgment and with reasonable probability, the
post-fertilization age of the fetus at the time an abortion is
planned to be performed.

(9) “Reasonable medical judgment” means a medical judgment that
would be made by a reasonably prudent physician, knowledgeable about
the case and the treatment possibilities with respect to the medical
conditions involved.

§16-2M-3. Determination of post-fertilization age.

Except in the case of a medical emergency or a non-medically
viable fetus, no abortion may be performed or induced or be
attempted to be performed or induced unless the physician performing
or inducing it has first made a determination of the probable post-fertilization age of the fetus or relied upon such a determination
made by another physician. In making this determination, the
physician shall make such inquiries of the patient and perform or
cause to be performed medical examinations and tests as a reasonably
prudent physician, knowledgeable about the case and the medical
conditions involved, would consider necessary to perform in making
an accurate diagnosis with respect to post-fertilization age.

§16-2M-4. Abortion of fetus of twenty or more weeks post-fertilization age prohibited.

(a) No person may perform or induce, or attempt to perform or
induce, an abortion upon a female when it has been determined, by
the physician performing or inducing or attempting to perform or
induce the abortion or by another physician upon whose determination
that physician relies, that the probable post-fertilization age of
the fetus is twenty or more weeks, unless in the reasonable medical
judgment of a reasonably prudent physician there exists a non-medically viable fetus or the patient has a condition that, on the
basis of a reasonably prudent physician’s reasonable medical
judgment, so complicates her medical condition as to necessitate the
abortion of her pregnancy to avert her death or to avert serious
risk of substantial and irreversible physical impairment of a major
bodily function.

(b) When an abortion upon a patient whose fetus has been
determined to have a probable post-fertilization age of twenty or
more weeks is not prohibited by subsection (a) of this section, the
physician shall terminate the pregnancy in the manner which, in
reasonable medical judgment, provides the best opportunity for the
fetus to survive, unless, in reasonable medical judgment,
termination of the pregnancy in that manner would pose a greater
risk either of the death of the patient or of the substantial and
irreversible physical impairment of a major bodily function of the
patient than would other available methods.

§16-2M-5. Reporting.

(a) Any physician who performs or induces an abortion shall
report to the Bureau for Public Health. The reporting shall be on
a schedule and on forms set forth by the Secretary of the Department
of Health and Human Resources no later than December 31, 2014. The
reports shall include the following information:

(1) Post-fertilization age:

(A) If a determination of probable post-fertilization age was
made, whether ultrasound was employed in making the determination,
and the week of probable post-fertilization age determined.

(B) If a determination of probable post-fertilization age was
not made, the basis of the determination that a medical emergency
existed or that there existed a non-medically viable fetus.

(2) Method of abortion;

(3) If the probable post-fertilization age was determined to be
twenty or more weeks, the basis of the determination that there
existed a non-medically viable fetus or that the patient had a
condition which so complicated the medical condition of the patient
that it necessitated the abortion of her pregnancy in order to avert
her death or avert a serious risk of substantial and irreversible
physical impairment of a major bodily function; and

(4) If the probable post-fertilization age was determined to be
twenty or more weeks, whether the method of abortion used was one
that, in reasonable medical judgment, provided the best opportunity
for the fetus to survive and, if such a method was not used, the
basis of the determination that termination of the pregnancy in that
manner would pose a greater risk either of the death of the patient
or of the substantial and irreversible physical impairment of a
major bodily function of the patient than would other available
methods.

(b) Reports required by subsection (a) of this section may not
contain the name or the address of the patient whose pregnancy was
terminated nor may the report contain any information identifying
the patient. These reports shall be maintained in strict confidence
by the department, may not be available for public inspection, and
may not be made available except pursuant to court order.

(c) Beginning June 30, 2016, and annually thereafter, the
Department of Health and Human Resources shall issue a public report
providing statistics for the previous calendar year compiled from
all of the reports covering that year submitted in accordance with
this section for each of the items listed in subsection (a) of this
section. Each report shall provide the statistics for all previous
calendar years from the effective date of this section, adjusted to
reflect any additional information from late or corrected reports.
The Department of Health and Human Resources shall take care to
ensure that none of the information included in the public reports
could reasonably lead to the identification of any patient upon whom
an abortion was performed or induced.

§16-2M-6. Penalties.

(a) Any person who intentionally or recklessly performs or
induces an abortion in violation of this article is guilty of a
misdemeanor and, upon conviction thereof, shall be fined up to
$4,000.

(b) No penalty may be assessed against any patient upon whom an
abortion is performed or induced or attempted to be performed or
induced.

On motion of Senator Palumbo, the following amendment to the
Judiciary committee amendment to the bill (Eng. H. B. No. 4588) was
reported by the Clerk:

On page one, section one, by striking out the word “twenty” and
inserting in lieu thereof the word “twenty-two”;

On page one, section one, after the word “fertilization” by
inserting the words “or at the point of medical viability”;

On page three, section four, by striking out the section
caption and substituting therefor a new section caption, to read as
follows:

§16-2M-4. Abortion of fetus of twenty-two or more weeks post-fertilization age or that is medically viable prohibited.;

On page four, section four, subsection (a), by striking out the
word “twenty” and inserting in lieu thereof the word “twenty-two”;

On page four, section four, subsection (a), after the word
“weeks” by inserting the words “or the fetus is medically viable”;

On page four, section four, subsection (a), by striking out the
word “twenty” and inserting in lieu thereof the word “twenty-two”;

On page four, section four, subsection (a), after the word
“weeks” by inserting the words “or the fetus is medically viable”;

On page five, section five, subsection (a), subdivision (3), by
striking out the word “twenty” and inserting in lieu thereof the
word “twenty-two”;

On page five, section five, subsection (a), subdivision (3),
after the word “weeks” by inserting the words “or the fetus was
determined to be medically viable”;

On page five, section five, subsection (a), subdivision (4), by
striking out the word “twenty” and inserting in lieu thereof the
word “twenty-two”;

And,

On page five, section five, subsection (a), subdivision (4),
after the word “weeks” by inserting the words “or if the fetus was
determined to be medically viable”.

Following extended discussion,

The question being on the adoption of Senator Palumbo's
amendment to the Judiciary committee amendment to the bill, the same
was put and did not prevail.

Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senators Palumbo, Wells, Barnes, M. Hall,
Snyder and Cann regarding the adoption of Senator Palumbo's
amendment to the Judiciary committee amendment to Engrossed House
Bill No. 4588 were ordered printed in the Appendix to the Journal.

The question now being on the adoption of the Judiciary
committee amendment to the bill, the same was put and prevailed.

The bill (Eng. H. B. No. 4588), as amended, was then ordered to
third reading.

Thereafter, at the request of Senator McCabe, and by unanimous
consent, the remarks by Senator Palumbo regarding the adoption of
the Judiciary committee amendment to Engrossed House Bill No. 4588
were ordered printed in the Appendix to the Journal.

On second reading, coming up in regular order, was read a
second time.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That §16-13A-18a of the Code of West Virginia, 1931, as
amended, be amended and reenacted; and that §24-2-4a and §24-2-4b of
said code be amended and reenacted, all to read as follows:

CHAPTER 16. PUBLIC HEALTH

ARTICLE 13A. PUBLIC SERVICE DISTRICTS.

§16-13A-18a. . Sale, lease or rental of water, sewer, stormwater
or gas system by district; distribution of proceeds.

In any case where a public service district owns a water,
sewer, stormwater or gas system, and a majority of not less than
sixty percent of the members of the public service board thereof
deem it for the best interests of the district to sell, lease or
rent such water, sewer, stormwater or gas system to any municipality
or privately-owned water, sewer, stormwater or gas system, or to any
water, sewer, stormwater or gas system owned by an adjacent public
service district, the board may so sell, lease or rent such water,
sewer, stormwater or gas system upon such terms and conditions as
said board, in its discretion, considers in the best interests of
the district: Provided, That such sale, leasing or rental may be
made only upon: (1) The publication of notice of a hearing before
the board of the public service district, as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code, in a newspaper published and of
general circulation in the county or counties wherein the district
is located, such publication to be made not earlier than twenty days
and not later than seven days prior to the hearing; (2) approval by
the county commission or commissions of the county or counties in
which the district operates; and (3) approval by the public service
commission of West Virginia.

In the event of any such sale, the proceeds thereof, if any,
remaining after payment of all outstanding bonds and other
obligations of the district, shall be ratably distributed to any
persons who have made contributions in aid of construction of such
water, sewer, stormwater or gas system, such distribution not to
exceed the actual amount of any such contribution, without interest,
and any balance of funds thereafter remaining shall be paid to the
county commission of the county in which the major portion of such
water, sewer, stormwater or gas system is located to be placed in
the general funds of such county commission:Provided, That no such
distribution shall be required in the case of a sale between
political subdivisions of the state.

CHAPTER 24. PUBLIC SERVICE COMMISSION

ARTICLE 2. POWERS AND DUTIES OF PUBLIC SERVICE COMMISSION.

§24-2-4a. Procedure for changing rates after June 30, 1981.

After June 30, 1981, no public utility subject to this chapter
except those utilities subject to the provisions of section four-b
and section four-d of this article, shall change, suspend or annul
any rate, joint rate, charge, rental or classification except after
thirty days' notice to the commission and the public, which notice
shall plainly state the changes proposed to be made in the schedule
then in force and the time when the changed rates or charges shall
go into effect; but the commission may enter an order suspending the
proposed rate as hereinafter provided. The proposed changes shall be
shown by printing new schedules, or shall be plainly indicated upon
the schedules in force at the time, and kept open to public
inspection: Provided, That the commission may, in its discretion,
and for good cause shown, allow changes upon less time than the
notice herein specified, or may modify the requirements of this
section in respect to publishing, posting and filing of tariffs,
either by particular instructions or by general order.

Whenever there shall be filed with the commission any schedule
stating a change in the rates or charges, or joint rates or charges,
or stating a new individual or joint rate or charge or joint
classification or any new individual or joint regulation or practice
affecting any rate or charge, the commission may either upon
complaint or upon its own initiative without complaint enter upon a
hearing concerning the propriety of such rate, charge,
classification, regulation or practice; and, if the commission so
orders, it may proceed without answer or other form of pleading by
the interested parties, but upon reasonable notice, and, pending
such hearing and the decisions thereon, the commission, upon filing
with such schedule and delivering to the public utility affected
thereby a statement in writing of its reasons for such suspension,
may suspend the operation of such schedule and defer the use of such
rate, charge, classification, regulation or practice, but not for a
longer period than two hundred seventy days beyond the time when
such rate, charge, classification, regulation or practice would
otherwise go into effect; and after full hearing, whether completed
before or after the rate, charge, classification, regulation or
practice goes into effect, the commission may make such order in
reference to such rate, charge, classification, regulation or
practice as would be proper in a proceeding initiated after the
rate, charge, classification, regulation or practice had become
effective: andProvided, That in the case of a public utility having
two thousand five hundred customers or less and which is not
principally owned by any other public utility corporation or public
utility holding corporation, the commission may suspend the
operation of such schedule and defer the use of such rate, charge,
classification, regulation or practice, but not for a longer period
than one hundred twenty days beyond the time when such rate, charge,
classification, regulation or practice would otherwise go into
effect; and in the case of a public utility having more than two
thousand five hundred customers, but not more than five thousand
customers, and which is not principally owned by any other public
utility corporation or public utility holding corporation, the
commission may suspend the operation of such schedule and defer the
use of such rate, charge, classification, regulation or practice,
but not for a longer period than one hundred fifty days beyond the
time when such rate, charge, classification, regulation or practice
would otherwise go into effect; and in the case of a public utility
having more than five thousand customers, but not more than seven
thousand five hundred customers, and which is not principally owned
by any other public utility corporation or public utility holding
corporation, the commission may suspend the operation of such
schedule and defer the use of such rate, charge, classification,
regulation or practice, but not for a longer period than one hundred
eighty days beyond the time when such rate, charge, classification,
regulation or practice would otherwise go into effect; and after
full hearing, whether completed before or after the rate, charge,
classification, regulation or practice goes into effect, the
commission may make such order in reference to such rate, charge,
classification, regulation or practice as would be proper in a
proceeding initiated after the rate, charge, classification,
regulation or practice had become effective: Provided, however,
That, in the case of rates established or proposed that increase by
less than twenty-five percent of the gross revenue of the public
service district, there shall be no suspension period in the case of
rates established by a public service district pursuant to section
nine, article thirteen-a, chapter sixteen of this code, and the
proposed rates of public service districts shall go into effect upon
the date of filing with the commission, subject to refund
modification at the conclusion of the commission proceeding. In the
case of rates established or proposed that increase by more than
twenty-five percent of the gross revenue of the public service
district, the district may apply for, and the commission may grant,
a waiver of the suspension period and allow rates to be effective
upon the date of filing with the commission. The public service
district shall provide notice by Class 1 legal advertisement in a
newspaper of general circulation in its service territory of the
percentage increase in rates at least fourteen days prior to the
effective date of the increased rates. Any refund determined to be
determined to be due and owing as a result of any difference between
any final rates approved the commission and the rates placed into
effect subject to refund shall be refunded by the public service
district as a credit against each customer’s account for a period of
up to six months after entry of the commission’s final order. Any
remaining balance which is not fully credited by credit within six
months after entry of the commission’s final order shall be directly
refunded to the customer by check: Provided, however, That if any
such hearing and decision thereon is not concluded within the
periods of suspension, as above stated, such rate, charge,
classification, regulation or practice shall go into effect at the
end of such period not subject to refund: Provided further, That if
any such rate, charge, classification, regulation or practice goes
into effect because of the failure of the commission to reach a
decision, the same shall not preclude the commission from rendering
a decision with respect thereto which would disapprove, reduce or
modify any such proposed rate, charge, classification, regulation or
practice, in whole or in part, but any such disapproval, reduction
or modification shall not be deemed to require a refund to the
customers of such utility as to any rate, charge, classification,
regulation or practice so disapproved, reduced or modified. The fact
of any rate, charge, classification, regulation or practice going
into effect by reason of the commission's failure to act thereon
shall not affect the commission's power and authority to
subsequently act with respect to any such application or change in
any rate, charge, classification, regulation or practice. Any rate,
charge, classification, regulation or practice which shall be
approved, disapproved, modified or changed, in whole or in part, by
decision of the commission shall remain in effect as so approved,
disapproved, modified or changed during the period or pendency of
any subsequent hearing thereon or appeal therefrom. Orders of the
commission affecting rates, charges, classifications, regulations or
practices which have gone into effect automatically at the end of
the suspension period are prospective in effect only. At any
hearing involving a rate sought to be increased or involving the
change of any rate, charge, classification, regulation or practice,
the burden of proof to show the justness and reasonableness of the
increased rate or proposed increased rate, or the proposed change of
rate, charge, classification, regulation or practice shall be upon
the public utility making application for such change. The
commission shall, whenever practicable and within budgetary
constraints, conduct one or more public hearings within the area
served by the public utility making application for such increase or
change, for the purpose of obtaining comments and evidence on the
matter from local ratepayers.

Where more than twenty members of the public are affected by a
proposed change in rates, it shall be a sufficient notice to the
public within the meaning of this section if such notice is
published as a Class II legal advertisement in compliance with the
provisions of article three, chapter fifty-nine of this code, and
the publication area for such publication shall be the community
where the majority of the resident members of the public affected by
such change reside or, in case of nonresidents, have their principal
place of business within this state.

The commission may order rates into effect subject to refund,
plus interest in the discretion of the commission, in cases in which
the commission determines that a temporary or interim rate increase
is necessary for the utility to avoid financial distress, or in
which the costs upon which these rates are based are subject to
modification by the commission or another regulatory commission and
to refund to the public utility. In such case the commission may
require such public utility to enter into a bond in an amount deemed
by the commission to be reasonable and conditioned upon the refund
to the persons or parties entitled thereto of the amount of the
excess if such rates so put into effect are subsequently determined
to be higher than those finally fixed for such utility.

No utility may make application for a general rate increase
while another general rate application is pending before the
commission and not finally acted upon, except pursuant to the
provisions of the next preceding paragraph of this section. The
provisions of this paragraph shall not be construed so as to
prohibit any such rate application from being made while a previous
application which has been finally acted upon by the commission is
pending before or upon appeal to the West Virginia supreme court of
appeals.

§24-2-4b. Procedures for changing rates of electric and natural gas
cooperatives, local exchange services of telephone cooperatives
and municipally operated public utilities.

(a) The rates and charges of electric cooperatives, natural gas
cooperatives and municipally operated public utilities, except for
municipally operated commercial solid waste facilities as defined in
section two, article fifteen, chapter twenty-two of this code, and
the rates and charges for local exchange services provided by
telephone cooperatives are not subject to the rate approval
provisions of section four or four-a of this article, but are
subject to the limited rate provisions of this section.

(b) All rates and charges set by electric cooperatives, natural
gas cooperatives and municipally operated public utilities and all
rates and charges for local exchange services set by telephone
cooperatives shall be just, reasonable, applied without unjust
discrimination or preference and based primarily on the costs of
providing these services. The rates and charges shall be adopted by
the electric, natural gas or telephone cooperative's governing board
and in the case of the municipally operated public utility by
municipal ordinance to be effective not sooner than forty-five days
after adoption: Provided, That notice of intent to effect a rate
change shall be specified on the monthly billing statement of the
customers of the utility for the month next preceding the month in
which the rate change is to become effective or the utility shall
give its customers, and in the case of a cooperative, its customers,
members and stockholders, other reasonable notices as will allow
filing of timely objections to the rate change or full participation
in municipal rate legislation. The rates and charges or ordinance
shall be filed with the commission, together with any information
showing the basis of the rates and charges and other information as
the commission considers necessary. Any change in the rates and
charges with updated information shall be filed with the commission.
If a petition, as set out in subdivision (1), (2) or (3), subsection
(c) of this section is received and the electric cooperative,
natural gas cooperative or telephone cooperative or municipality has
failed to file with the commission the rates and charges with
information showing the basis of rates and charges and other
information as the commission considers necessary, the suspension
period limitation of one hundred twenty days and the one hundred-day
period limitation for issuance of an order by a hearing examiner, as
contained in subsections (d) and (e) of this section, is tolled
until the necessary information is filed. The electric cooperative,
natural gas cooperative, telephone cooperative or municipality shall
set the date when any new rate or charge is to go into effect.

(c) The commission shall review and approve or modify the rates
upon the filing of a petition within thirty days of the adoption of
the ordinance or resolution changing the rates or charges by:

(1) Any customer aggrieved by the changed rates or charges who
presents to the commission a petition signed by not less than
twenty-five percent of the customers served by the municipally
operated public utility or twenty-five percent of the membership of
the electric, natural gas or telephone cooperative residing within
the state;

(2) Any customer who is served by a municipally operated public
utility and who resides outside the corporate limits and who is
affected by the change in the rates or charges and who presents to
the commission a petition alleging discrimination between customers
within and without the municipal boundaries. The petition shall be
accompanied by evidence of discrimination; or

(3) Any customer or group of customers who are affected by the
change in rates who reside within the municipal boundaries and who
present a petition to the commission alleging discrimination between
customer or group of customers and other customers of the municipal
utility. The petition shall be accompanied by evidence of
discrimination.

(e) The commission shall forthwith appoint a hearing examiner
from its staff to review the grievances raised by the petitioners.
The hearing examiner shall conduct a public hearing and shall,
within one hundred days from the date the rates or charges would
otherwise go into effect, unless otherwise tolled as provided in
subsection (b) of this section, issue an order approving,
disapproving or modifying, in whole or in part, the rates or charges
imposed by the electric, natural gas or telephone cooperative or by
the municipally operated public utility pursuant to this section.

(g) A municipal utility shall be required to refund revenues
collected from rates enacted that are disapproved or modified upon
subsequent order of the commission entered in a proceeding under
this section. Any refund determined to be due and owing as a result
of any difference between the municipal rates placed into effect
subject to refund and any final rates approved the commission shall
be refunded by the municipal utility as a credit against each
customer’s account for a period of up to six months after entry of
the commission’s final order. Any remaining balance which is not
fully refunded by credit within six months after entry of the
commission’s final order shall be directly refunded to the
individual customer by check.

(g)(h) The commission may, upon petition by a municipality or
electric, natural gas or telephone cooperative, allow an interim or
emergency rate to take effect, subject to refund or future
modification, if it is determined that the interim or emergency rate
is necessary to protect the municipality from financial hardship
attributable to the purchase of the utility commodity sold, or the
commission determines that a temporary or interim rate increase is
necessary for the utility to avoid financial distress. In such
cases, the commission shall waive the 45-day waiting period provided
for in subsection (b) of this section and the one hundred twenty-day
suspension period provided for in subsection (d) of this section.

(h)(i) Notwithstanding any other provision, the commission has
no authority or responsibility with regard to the regulation of
rates, income, services or contracts by municipally operated public
utilities for services which are transmitted and sold outside of the
State of West Virginia.

The bill (Eng. H. B. No. 4601), as amended, was then ordered to
third reading.

On second reading, coming up in regular order, was read a
second time and ordered to third reading.

At the request of Senator Unger, and by unanimous consent, the
Senate returned to the fourth order of business.

Senator Cookman, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:

Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 7th day of March, 2014, presented to His
Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:

Senator Palumbo, from the Committee on the Judiciary, submitted
the following report, which was received:

Your Committee on the Judiciary has had under consideration

Eng. Com. Sub. for House Bill No. 3156, Granting a labor
organization a privilege from being compelled to disclose any
communication or information the labor organization or agent
received or acquired in confidence from an employee.

With amendments from the Committee on Labor pending;

And has also amended same.

Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on March 5, 2014;

And reports the same back with the recommendation that it do
pass as amended by the Committee on Labor to which the bill was
first referred; and as last amended by the Committee on the
Judiciary.

Respectfully submitted,

Corey Palumbo,

Chair.

At the request of Senator Palumbo, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3156) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration and read a second time.

At the request of Senator Yost, as chair of the Committee on
Labor, and by unanimous consent, the unreported Labor committee
amendment to the bill was withdrawn.

The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That the Code of West Virginia, 1931, as amended, be amended by
adding thereto a new section, designated §6C-2-8, to read as
follows:

ARTICLE 2. WEST VIRGINIA PUBLIC EMPLOYEES GRIEVANCE PROCEDURE.

§6C-2-8. Labor organizations may not be compelled to disclose
certain communications; exceptions.

(a) (1) Except as otherwise provided in this section, a labor
organization or an agent of a labor organization may not be
compelled to disclose any communication or information the labor
organization or agent received or acquired in confidence from a
public employee, while the labor organization or agent was acting in
a representative capacity concerning a public employee grievance or
an investigation of a potential public employee grievance,
regardless of whether the public employee is a member of the labor
organization.

(2) The confidentiality established under this section applies
only to the extent that the communication or information is germane
to a grievance or potential grievance of the public employee.

(3) The confidentiality established under this subsection
continues after termination of:

(A) The public employee’s employment; or

(B) The representative relationship of the labor organization
or its agent with the public employee.

(4) The confidentiality established under this subsection
protects the communication or information received or acquired by
the labor organization or its agent, but does not protect the
employee from being compelled to disclose, to the extent provided by
law, the facts underlying the communication or information.

(b) The protection for confidential communications provided by
this section only extends to proceedings under the public employees
grievance procedure. Nothing in this section may be construed to
extend the confidentiality to circuit court proceedings or other
proceedings outside of the public employees grievance procedure.

(c) A labor organization or its agent shall disclose to the
employer as soon as possible a communication or information
described in subdivision (1), subsection (a) of this section to the
extent the labor organization or its agent reasonably believes:

(1) It is necessary to prevent certain death or substantial
bodily harm.

(2) It is necessary to prevent the employee from committing a
crime, fraud or any act that is reasonably certain to result in
substantial injury to the financial interests or property of another
or to rectify or mitigate any such action after it has occurred;

(3) The communication or information constitutes an admission
that the employee has committed a crime; or

(4) It is necessary to comply with a court order or other law.

(d) A labor organization or its agent may disclose a
communication or information described in subdivision (1),
subsection (a) of this section in order to:

(1) Secure legal advice about the compliance of the labor
organization or its agent with a court order or other law;

(2) Establish a claim or defense on behalf of the labor
organization or its agent in a controversy between the employee and
the labor organization or its agent;

(3) Establish a defense to a criminal charge or civil claim
against the labor organization or its agent based on conduct in
which the employee was involved; or

(4) Respond to allegations in any proceeding concerning the
performance of professional duties by the labor organization or its
agent on behalf of the employee.

(e) A labor organization or its agent may disclose a
communication or information described in subdivision (1),
subsection (a) of this section, without regard to whether the
disclosure is made within the public employees grievance procedure,
in the following circumstances:

(1) The labor organization has obtained the express written or
oral consent of the employee;

(2) The employee has, by other act or conduct, waived the
confidentiality of the communication or information; or

(3) The employee is deceased or has been adjudicated
incompetent by a court of competent jurisdiction and the labor
organization has obtained the written or oral consent of the
personal representative of the employee’s estate or of the
employee’s guardian.

(f) If there is a conflict between the application of this
section and any federal or state labor law, the provisions of the
federal or other state law shall control.

The bill (Eng. Com. Sub. for H. B. No. 3156), as amended, was
then ordered to third reading.

Senator Prezioso, from the Committee on Finance, submitted the
following report, which was received:

Your Committee on Finance has had under consideration

Eng. Com. Sub. for House Bill No. 4184, Relating to the West
Virginia Tourism Development Act.

And has amended same.

Now on second reading, having been read a first time and
referred to the Committee on Finance on March 4, 2014;

And reports the same back with the recommendation that it do
pass, as amended.

Respectfully submitted,

Roman W. Prezioso, Jr.,

Chair.

At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4184) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration and read a second time.

The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-7, §5B-2E-7a, §5B-2E-8 and §5B-2E-11 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, and that said code be amended by adding
thereto a new section, designated §5B-2E-7b, all to read as follows:

ARTICLE 2E. WEST VIRGINIA TOURISM DEVELOPMENT ACT.

§5B-2E-3. Definitions.

As used in this article, unless the context clearly indicates
otherwise:

(1) "Agreement" means a tourism development agreement entered
into, pursuant to section six of this article, between the
development office and an approved company with respect to a
project.

(2) "Approved company" means any eligible company approved by
the development office pursuant to section five of this article
seeking to undertake a project.

(3) "Approved costs" means:

(a) Included costs:

(i) Obligations incurred for labor and to vendors, contractors,
subcontractors, builders, suppliers, delivery persons and material
persons in connection with the acquisition, construction, equipping
or installation of a project;

(ii) The costs of acquiring real property or rights in real
property and any costs incidental thereto;

(iii) The cost of contract bonds and of insurance of all kinds
that may be required or necessary during the course of the
acquisition, construction, equipping, or installation of a project
which is not paid by the vendor, supplier, delivery person,
contractor or otherwise provided;

(iv) All costs of architectural and engineering services,
including, but not limited to: Estimates, plans and specifications,
preliminary investigations and supervision of construction,
installation, as well as for the performance of all the duties
required by or consequent to the acquisition, construction,
equipping or installation of a project;

(v) All costs required to be paid under the terms of any
contract for the acquisition, construction, equipping or
installation of a project;

(vi) All costs required for the installation of utilities,
including, but not limited to: Water, sewer, sewer treatment, gas,
electricity, communications and off-site construction of utility
extensions to the boundaries of the real estate on which the
facilities are located, all of which are to be used to improve the
economic situation of the approved company in a manner that allows
the approved company to attract persons; and

(vii) All other costs comparable with those described in this
subdivision;

(b) Excluded costs. -- The term "approved costs" does not
include any portion of the cost required to be paid for the
acquisition, construction, equipping or installation of a project
that is financed with governmental incentives, grants or bonds or
for which the eligible taxpayer elects to qualify for other tax
credits, including, but not limited to, those provided by article
thirteen-q, chapter eleven of this code. The exclusion of certain
costs of a project under this paragraph (b) does not automatically
disqualify the remainder of the costs of the project.

(4) "Base tax revenue amount" means the average monthly amount
of consumer sales and service tax collected by an approved company,
based on the twelve-month period ending immediately prior to the
opening of a new tourism development project for business or a
tourism development expansion project, as certified by the State Tax
Commissioner.

(5) "Development office" means the West Virginia Development
Office as provided in article two of this chapter.

(6) "Crafts and products center" means a facility primarily
devoted to the display, promotion and sale of West Virginia products
and at which a minimum of eighty percent of the sales occurring at
the facility are of West Virginia arts, crafts or agricultural
products.

(7) "Eligible company" means any corporation, limited liability
company, partnership, limited liability partnership, sole
proprietorship, business trust, joint venture or any other entity
operating or intending to operate a project, whether owned or
leased, within the state that meets the standards required by the
development office. An eligible company may operate or intend to
operate directly or indirectly through a lessee.

(9) "Entertainment destination center" means a facility
containing a minimum of two hundred thousand square feet of building
space adjacent or complementary to an existing tourism attraction,
an approved project, or a major convention facility and which
provides a variety of entertainment and leisure options that contain
at least one major theme restaurant and at least three additional
entertainment venues, including, but not limited to, live
entertainment, multiplex theaters, large-format theaters, motion
simulators, family entertainment centers, concert halls, virtual
reality or other interactive games, museums, exhibitions or other
cultural and leisure time activities. Entertainment and food and
drink options shall occupy a minimum of sixty percent of total gross
area, as defined in the application, available for lease and other
retail stores shall occupy no more than forty percent of the total
gross area available for lease.

(10) "Final approval" means the action taken by the executive
director of the development office qualifying the eligible company
to receive the tax credits provided in this article.

(11) "Preliminary approval" means the action taken by the
executive director of the development office conditioning final
approval.

(12) "Project" means a tourism development project and/or a
tourism development expansion project administered in accordance
with the provisions of this article.

(12) “Qualified professional services destination facility”
means a facility with a minimum qualified investment, as defined in
this article, of not less than $80 million physically located in
this state and adjacent or complementary to a historic resort hotel,
which primarily furnishes and provides personal or professional
services, or both types of services, to individuals who primarily
are residents of another state or foreign county.

(13) "State agency" means any state administrative body,
agency, department, division, board, commission or institution
exercising any function of the state that is not a municipal
corporation or political subdivision.

(14) “Tourism attraction” means a cultural or historical site,
a recreation or entertainment facility, an area of natural
phenomenon or scenic beauty, a West Virginia crafts and products
center, or an entertainment destination center or a qualified
professional services destination facility. A project or tourism
attraction does not include any of the following:

(A) Lodging facility, unless:

(i) The facility constitutes a portion of a project and
represents less than fifty percent of the total approved cost of the
project, or the facility is to be located on recreational property
owned or leased by the state or federal government and the facility
has received prior approval from the appropriate state or federal
agency;

(ii) The facility involves the restoration or rehabilitation of
a structure that is listed individually in the national register of
historic places or is located in a national register historic
district and certified by the state historic preservation officer as
contributing to the historic significance of the district and the
rehabilitation or restoration project has been approved in advance
by the state historic preservation officer; or

(iii) The facility involves the construction, reconstruction,
restoration, rehabilitation or upgrade of a full-service lodging
facility or the reconstruction, restoration, rehabilitation or
upgrade of an existing structure into a full-service lodging
facility having not less than five hundred guest rooms, with
construction, reconstruction, restoration, rehabilitation or upgrade
costs exceeding ten million dollars;

(B) A facility that is primarily devoted to the retail sale of
goods, other than an entertainment destination center, a West
Virginia crafts and products center or a project where the sale of
goods is a secondary and subordinate component of the project; and

(C) A recreational facility that does not serve as a likely
destination where individuals who are not residents of the state
would remain overnight in commercial lodging at or near the project
or existing attraction.

(15) "Tourism development project" means the acquisition,
including the acquisition of real estate by a leasehold interest
with a minimum term of ten years, construction and equipping of a
tourism attraction; the construction and installation of
improvements to facilities necessary or desirable for the
acquisition, construction, installation of a tourism attraction,
including, but not limited to, surveys, installation of utilities,
which may include water, sewer, sewage treatment, gas, electricity,
communications and similar facilities; and off-site construction of
utility extensions to the boundaries of the real estate on which the
facilities are located, all of which are to be used to improve the
economic situation of the approved company in a manner that allows
the approved company to attract persons, but does not include a
project that will be substantially owned, managed or controlled by
an eligible company with an existing project located within a ten
mile radius, or by a person or persons related by a family
relationship, including spouses, parents, children or siblings, to
an owner of an eligible company with an existing project located
within a ten mile radius.

(16) "Tourism development expansion project" means the
acquisition, including the acquisition of real estate by a leasehold
interest with a minimum term of ten years; the construction and
installation of improvements to facilities necessary or desirable
for the expansion of an existing tourism attraction including, but
not limited to, surveys, installation of utilities, which may
include water, sewer, sewage treatment, gas, electricity,
communications and similar facilities; and off-site construction of
utility extension to the boundaries of real estate on which the
facilities are located, all of which are to be used to improve the
economic situation of the approved company in a manner that allows
the approved company to attract persons.

(17) "Tourism development project tax credit" means the tourism
development project tax credit allowed by section seven of this
article.

The development office has the following powers and duties, in
addition to those set forth in this case, necessary to carry out the
purposes of this article including, but not limited to:

(1) Make preliminary and final approvals of all applications
for projects and enter into agreements pertaining to projects with
approved companies;

(2) Employ fiscal consultants, attorneys, appraisers and other
agents as the executive director of the development office finds
necessary or convenient for the preparation and administration of
agreements and documents necessary or incidental to any project; and

(3) Impose and collect fees and charges in connection with any
transaction.

(4) Impose and collect from the applicant a non-refundable
application fee in the amount of $10,000 to be paid to the
Development Office when the application is filed.

(a) Each eligible company that seeks to qualify a project for
the tourism development project tax credit provided by section seven
of this article, or for the tourism development expansion project
tax credit provided by section seven-a of this article, as
applicable, must file a written application for approval of the
project with the Development Office.

(b) With respect to each eligible company making an application
to the Development Office for a tourism development project tax
credit or a tourism development expansion project tax credit, the
Development Office shall make inquiries and request documentation,
including a completed application, from the applicant that shall
include: A description and location of the project; capital and
other anticipated expenditures for the project and the sources of
funding therefor; the anticipated employment and wages to be paid at
the project; business plans that indicate the average number of days
in a year in which the project will be in operation and open to the
public; and the anticipated revenues and expenses generated by the
project. The executive director of the Development Office shall act
to grant or not to grant any preliminary approval of an application
within forty-five days following its receipt or receipt of
additional information requested by the Development Office,
whichever is later.

(c) Based upon a review of the application and additional
documentation provided by the eligible company, if the executive
director of the Development Office determines that the applicant and
the project may reasonably satisfy the criteria for final approval
set forth in subsection (d) of this section, then the executive
director of the Development Office may grant a preliminary approval
of the applicant and the project.

(d) After preliminary approval by the executive director of the
Development Office, the Development Office shall engage the services
of a competent consulting firm or firms to analyze the data made
available by the applicant and to collect and analyze additional
information necessary to determine that, in the independent judgment
of the consultant, the project:

(1) Likely will attract at least twenty-five percent of its
visitors from outside of this state;

(2) Will have approved costs in excess of one million dollars;

(3) Will have a significant and positive economic impact on the
state considering, among other factors, the extent to which the
project will compete directly with or complement existing tourism
attractions in the state and the amount by which increased tax
revenues from the project will exceed the credit given to the
approved company;

(4) Will produce sufficient revenues and public demand to be
operating and open to the public for a minimum of one hundred days
per year; and

(5) Will provide additional employment opportunities in the
state.

(e) The applicant shall pay to the Development Office, prior to
the engagement of the services of a competent consulting firm or
firms pursuant to the provisions of subsection (d) of this section,
for the cost of the consulting report or reports and shall cooperate
with the consulting firm or firms to provide all of the data that
the consultant considers necessary or convenient to make its
determination under subsection (d) of this section.

(f) The executive director of the Development Office, within
sixty days following receipt of the consultant's final, written
report or reports, shall review, in light of the consultant's report
or reports, the reasonableness of the project's budget and timetable
for completion and, in addition to the criteria for final approval
set forth in subsection (d) of this section, the following criteria:

(c) On and after the effective date of this section as amended
in 2014, the executive director of the Development Office, within
sixty days following receipt of an application or receipt of any
additional information requested by the Development Office
respecting the application, whichever is later, shall act to grant
or not to grant approval of the application, based on the following
criteria:

(1) The project will attract at least twenty-five percent of
its visitors from outside of this state;

(2) The project will have approved costs in excess of
$1,000,000;

(3) The project will have a significant and positive economic
impact on the state considering, among other factors, the extent to
which the project will compete directly with or complement existing
tourism attractions in the state and the amount by which increased
tax revenues from the project will exceed the credit given to the
approved company;

(4) The project will produce sufficient revenues and public
demand to be operating and open to the public for a minimum of one
hundred days per year;

(5) The project will provide additional employment
opportunities in the state;

(1)(6) The quality of the proposed project and how it
addresses economic problems in the area in which the project will be
located;

(2)(7) Whether there is substantial and credible evidence that
the project is likely to be started and completed in a timely
fashion;

(3)(8) Whether the project will, directly or indirectly,
improve the opportunities in the area where the project will be
located for the successful establishment or expansion of other
industrial or commercial businesses;

(4)(9) Whether the project will, directly or indirectly,
assist in the creation of additional employment opportunities in the
area where the project will be located;

(5)(10) Whether the project helps to diversify the local
economy;

(6)(11) Whether the project is consistent with the goals of
this article;

(7)(12) Whether the project is economically and fiscally sound
using recognized business standards of finance and accounting; and

(8)(13) The ability of the eligible company to carry out the
project.

(g)(d) The Development Office may establish other criteria for
consideration when approving the applications.

(h)(e)The executive director of the Development Office may
give its final approval to the applicant's application for a project
and may grant to the applicant the status of an approved company.
The executive director of the Development Office shall act to
approve or not approve any application within sixty days following
the receipt of the consultant's final, written report or reports or
the receipt of any additional information requested by the
Development Office, whichever is later. The decision by the
executive director of the Development Office is final.

(f)This section as amended and reenacted in 2014 shall apply to
applications under review by the director of the development office
prior to the effective date of this section as well as to
applications filed on and after the effective date of this section
as amended and reenacted in 2014.

(a) Approved companies are allowed a credit against the West
Virginia consumers sales and service tax imposed by article fifteen,
chapter eleven of this code and collected by the approved company on
sales generated by or arising from the operations of the tourism
development project: Provided, That if the consumers sales and
service tax collected by the approved company is not solely
attributable to sales resulting from the operation of the new
tourism development project, the credit shall only be applied
against that portion of the consumers sales and service tax
collected in excess of the base tax revenue amount. The amount of
this credit is determined and applied as provided in this article.

(b) The maximum amount of credit allowable in this article is
equal to twenty-five percent of the approved company's approved
costs as provided in the agreement: Provided, That, if the tourism
development project site is located within the permit area or an
adjacent area of a surface mining operation, as these terms are
defined in section three, article three, chapter twenty-two of this
code, from which all coal has been or will be extracted prior to the
commencement of the tourism development project, or the tourism
development project site is located on or adjacent to recreational
property owned or leased by the state or federal government andwhen
the project is located on property owned or leased by the state or
federal government, the project has received prior approval from the
appropriate state or federal agency, the maximum amount of credit
allowable is equal to thirty-five percent of the approved company's
approved costs as provided in the agreement.

(c) The amount of credit allowable must be taken over a ten-year period, at the rate of one tenth of the amount thereof per
taxable year, beginning with the taxable year in which the project
is opened to the public, unless the approved company elects to delay
the beginning of the ten-year period until the next succeeding
taxable year. This election shall be made in the first consumers
sales and service tax return filed by the approved company following
the date the project is opened to the public. Once made, the
election cannot be revoked.

(d) The amount determined under subsection (b) of this section
is allowed as a credit against the consumers sales and service tax
collected by the approved company on sales from the operation of the
tourism development project. The amount determined under said
subsection may be used as a credit against taxes required to be
remitted on the approved company's monthly consumers sales and
service tax returns that are filed pursuant to section sixteen,
article fifteen, chapter eleven of this code. The approved company
shall claim the credit by reducing the amount of consumers sales and
service tax required to be remitted with its monthly consumers sales
and service tax returns by the amount of its aggregate annual credit
allowance until such time as the full current year annual credit
allowance has been claimed. Once the total credit claimed for the
tax year equals the approved company's aggregate annual credit
allowance no further reductions to its monthly consumers sales and
service tax returns will be permitted.

(e) If any credit remains after application of subsection (d)
of this section, the amount of credit is carried forward to each
ensuing tax year until used or until the expiration of the third
taxable year subsequent to the end of the initial ten-year credit
application period. If any unused credit remains after the
thirteenth year, that amount is forfeited. No carryback to a prior
taxable year is allowed for the amount of any unused portion of any
annual credit allowance.

(a) Approved companies are allowed a credit against the West
Virginia consumers sales and service tax imposed by article fifteen,
chapter eleven of this code and collected by the approved company on
sales generated by or arising from the operations of the tourism
development expansion project: Provided, That the tourism
development expansion project tax credit allowed under this section
is separate and distinct from any credit allowed for a tourism
development project in accordance with the provisions of section
seven of this article: Provided, however, That if the consumers
sales and service tax collected by the approved company is not
solely attributable to sales resulting from the operation of the
tourism development expansion project, the credit shall only be
applied against that portion of the consumers sales and service tax
collected in excess of the base tax revenue amount. The amount of
this credit is determined and applied as provided in this article.

(b) The maximum amount of credit allowable in this article is
equal to twenty-five percent of the approved company's approved
costs as provided in the agreement: Provided, That, if the tourism
development expansion project site is located within the permit area
or an adjacent area of a surface mining operation, as these terms
are defined in section three, article three, chapter twenty-two of
this code, from which all coal has been or will be extracted prior
to the commencement of the tourism development project, or the
tourism development project site is located on or adjacent to
recreational property owned or leased by the state or federal
government and when the project is located on property owned or
leased by the state or federal government, the project has received
prior approval from the appropriate state or federal agency, the
maximum amount of credit allowable is equal to thirty-five percent
of the approved company's approved costs as provided in the
agreement.

(c) The amount of credit allowable must be taken over a ten-year period, at the rate of one tenth of the amount thereof per
taxable year, beginning with the taxable year in which the project
is opened to the public, unless the approved company elects to delay
the beginning of the ten-year period until the next succeeding
taxable year. This election shall be made in the first consumers
sales and service tax return filed by the approved company following
the date the project is opened to the public. Once made, the
election cannot be revoked.

(d) The amount determined under subsection (b) of this section
is allowed as a credit against the consumers sales and service tax
collected by the approved company on sales from the operation of the
tourism development expansion project. The amount determined under
said subsection may be used as a credit against taxes required to be
remitted on the approved company's monthly consumers sales and
service tax returns that are filed pursuant to section sixteen,
article fifteen, chapter eleven of this code. The approved company
shall claim the credit by reducing the amount of consumers sales and
service tax required to be remitted with its monthly consumers sales
and service tax returns by the amount of its aggregate annual credit
allowance until such time as the full current year annual credit
allowance has been claimed. Once the total credit claimed for the
tax year equals the approved company's aggregate annual credit
allowance no further reductions to its monthly consumers sales and
service tax returns will be permitted.

(e) If any credit remains after application of subsection (d)
of this section, the amount of credit is carried forward to each
ensuing tax year until used or until the expiration of the third
taxable year subsequent to the end of the initial ten-year credit
application period. If any unused credit remains after the
thirteenth year, that amount is forfeited. No carryback to a prior
taxable year is allowed for the amount of any unused portion of any
annual credit allowance.

(f) The total amount of tourism development expansion project
tax credits for all approved companies pursuant to this section may
not exceed one million five hundred thousand dollars each calendar
year.

§5B-2E-7b. Credit against taxes.

(a) General. – When a qualified professional services
destination facility is located at or adjacent to an existing
historic resort hotel with at least five hundred rooms and the
qualified professional services destination facility eligible for
credit under this section is primarily engaged in furnishing
services that are not subject to the tax imposed by article fifteen,
chapter eleven of this code, then in lieu of the credits that
otherwise would be allowable under section seven or seven-a of this
article, the eligible company that complies with the requirements of
this section may claim the credit provided in this section:
Provided, That the maximum amount of credit allowable under this
section is equal to twenty-five percent of the eligible company’s
qualified investment, as defined in this section.

(b) Definitions. – The following words and phrases when used in
this section have the meanings given to them in this subsection
unless the context in which used clearly indicates that a different
meaning was intended by the Legislature.

(1) "Agreement" means an agreement entered into under
subsection (g) of this section.

(2) "Compensation" means wages, salaries, commissions and any
other form of remuneration paid to employees for personal services.

(3) "Cost-of-living adjustment" for any calendar year is the
percentage, if any, by which the consumer price index for the
preceding calendar year exceeds the consumer price index for the
calendar year 2015.

(4) "Consumer price index" for any calendar year means the
average of the federal consumer price index as of the close of the
twelve-month period ending on August 31 of that calendar year.

(5) "Eligible company" for purposes of this section means any
corporation, limited liability company, partnership, limited
liability partnership, sole proprietorship, business trust, joint
venture or any other entity operating a qualified professional
services destination facility, whether owned or leased, within the
state that: (A) creates at least one hundred twenty-five new jobs in
this state within thirty-six months after the date the qualified
investment is placed into service or use, and maintains those jobs
for the entire ten year life of the tax credit specified in this
section, (B) makes available to its full-time employees health
insurance coverage and pays at least fifty percent of the premium
for the health insurance, (C) generates, within thirty-six months
after the date the qualified investment is placed into service or
use, not less than $10 million of gross receipts upon which the
taxes imposed under article twenty-seven, chapter eleven of this
code are paid, and (D) meets the standards, limitations and
requirements of this section and of the development office. An
eligible company may operate or intend to operate directly or
indirectly through a lessee or a contract operator.

(6) "Federal consumer price index" means the most recent
consumer price index as of August 31 each year for all urban
consumers published by the United States Department of Labor.

(7) "Health insurance benefits" means employer-provided
coverage for medical expenses of the employee or the employee and
his or her family under a group accident or health plan, or employer
contributions to an Archer medical savings account, as defined in
Section 220 of the Internal Revenue Code of 1986, as amended, or to
a health savings account, as defined in Section 223 of the Internal
Revenue Code, of the employee when the employer's contribution to
any such account is not less than fifty percent of the maximum
amount permitted for the year as employer-provided coverage under
Section 220 or 223 of the Internal Revenue Code, whichever section
is applicable.

(8) "Historic resort hotel" means a resort hotel registered
with the United States Department of the Interior on the effective
date of this amendment as a national historic landmark in its
National Registry of Historic Places having not fewer than five
hundred guest rooms.

(9) "New employee" means a person residing and domiciled in
this state hired by the taxpayer to fill a position or a job in this
state which previously did not exist in the taxpayer's business
enterprise in this state prior to the date the application was filed
under subsection (c) of this section. In no event may the number of
new employees exceed the total net increase in the employer's
employment in this state: Provided, That the Tax Commissioner may
require that the net increase in the taxpayer's employment in this
state be determined and certified for the taxpayer's controlled
group as defined in article twenty-four of this chapter. In
addition, a person is a "new employee" only if the person's duties
are on a regular, full-time and permanent basis:

(A) "Full-time employment" means employment for at least eighty
hours per month at a wage not less than the amount specified in
subdivision (1), subsection (d) of this section; and

(B) "Permanent employment" does not include employment that is
temporary or seasonal and therefore the wages, salaries and other
compensation paid to the temporary or seasonal employees will not be
considered for purposes of this section even if the compensation
paid to the temporary or seasonal employee equals or exceeds the
amount specified in paragraph (A) of this subdivision.

(10) "New job" means a job which did not exist in the business
of the taxpayer in this state prior to filing the application for
benefits under this section, and which is filled by a new employee.

(11) "Professional services" means only those services provided
directly by: a physician licensed to practice in this State, a
surgeon licensed to practice in this State, a dentist licensed to
practice in this State, a podiatrist licensed to practice in this
State, an osteopathic physician licensed to practice in this State,
a psychologist licensed to practice in this State, an optometrist
licensed to practice in this State, a registered nurse licensed to
practice in this State, a physician assistant licensed to practice
in this State, a licensed practical nurse licensed to practice in
this State, a dental hygienist licensed to practice in this State,
a social worker licensed to practice in this State, or any other
health care professional licensed to practice in this State;

(12) “Qualified investment” means one-hundred percent of the
cost of property purchased or leased for the construction and
equipping of a qualified professional services destination facility
which is placed in service or use in this State by an eligible
company.

(A) The cost of property purchased for a qualified professional
services destination facility is determined under the following
rules:

(i) Cost does not include the value of property given in trade
or exchange for the property purchased for business expansion.

(ii) If property is damaged or destroyed by fire, flood, storm
or other casualty, or is stolen, then the cost of replacement
property does not include any insurance proceeds received in
compensation for the loss.

(iii) The cost of real property acquired by written lease for
a primary term of ten years or longer is one hundred percent of the
rent reserved for the primary term of the lease, not to exceed ten
years.

(iv) The cost of tangible personal property acquired by written
lease for a primary term of not less than four years.

(v) In the case of self-constructed property, the cost thereof
is the amount properly charged to the capital account for
depreciation in accordance with federal income tax law.

(vi) The cost of property used by the taxpayer out-of-state and
then brought into this State, is determined based on the remaining
useful life of the property at the time it is placed in service or
use in this State, and the cost is the original cost of the property
to the taxpayer less straight line depreciation allowable for the
tax years or portions thereof the taxpayer used the property outside
this State. In the case of leased tangible personal property, cost
is based on the period remaining in the primary term of the lease
after the property is brought into this State for use in a new or
expanded business facility of the taxpayer, and is the rent reserved
for the remaining period of the primary term of the lease, not to
exceed ten years, or the remaining useful life of the property,
determined as aforesaid, whichever is less.

(c) Credit against taxes. – The credit allowed by this section
shall be equal to twenty-five percent of the eligible company's
qualified investment in the qualified professional services
destination facility and shall be taken and applied as provided in
this subsection (c). Notwithstanding any other provision of this
article to the contrary, no taxpayer or group of taxpayers may gain
entitlement to more than $37.5 million total aggregate tax credit
under this section and no taxpayer, or group of taxpayers, in the
aggregate may apply more than $2.5 million of annual credit in any
tax year under this section, either in the form of a refund or
directly against a tax liability or in any combination thereof. This
limitation applies to initial tax credit attributable to qualified
investment in a qualified professional services destination
facility, and to qualified investment in a follow-up project
expansion, so that credit attributable additively and in the
aggregate to both may not be applied to exceed $2.5 million annual
credit in any tax year.

(1) Application of credit. – The amount of credit allowable
under this subsection shall be taken over a ten-year period, at the
rate of one tenth of the amount thereof per taxable year, beginning
with the taxable year in which the eligible company places the
qualified professional services destination facility, or part
thereof, in service or use in this state, unless the eligible
company elected to delay the beginning of the ten-year period until
the next succeeding taxable year. This election shall be made in the
annual income tax return filed under chapter eleven of this code for
the taxable year in which the qualified professional services
destination facility is first placed into service or use by the
taxpayer. Once made, the election may not be revoked. The annual
credit allowance is taken in the manner prescribed in subdivision
(3) of this subsection (c): Provided, That if any credit remains
after the initial ten year credit application period, the amount of
remaining credit is carried forward to each ensuing tax year until
used or until the expiration of the fifth taxable year subsequent to
the end of the initial ten year credit application period. If any
unused credit remains after expiration of the fifth taxable year
subsequent to the end of the initial ten year credit application
period, the amount thereof is forfeited. No carryback to a prior
taxable year is allowed for the amount of any unused portion of any
annual credit allowance.

(2) Placed in service or use. – For purposes of the credit
allowed by this subsection (c), qualified investment or qualified
investment property is considered placed in service or use in the
earlier of the following taxable years:

(A) The taxable year in which, under the eligible company’s
depreciation practice, the period for depreciation with respect to
the property begins; or

(B) The taxable year in which the property is placed in a
condition or state of readiness and availability for a specifically
assigned function.

(3) Application of annual credit allowance.

(A) In general.- The aggregate annual credit allowance for the
current taxable year is an amount equal to the one-tenth part
allowed under subdivision (1) of this subsection for qualified
investment placed into service or use.

(B) Application of current year annual credit allowance. – The
amount determined under this subsection (c) is allowed as a credit
against one hundred percent of the eligible company’s state tax
liabilities applied as provided in paragraphs (C) and (D) of this
subdivision (3), and in that order:

(C) Corporation net income taxes. - The amount of allowable tax
credit for the year determined under paragraph (A) of this
subdivision (3) shall first be applied to reduce the taxes imposed
by article twenty-four, chapter eleven of this code, for the taxable
year determined before application of allowable credits against tax.

(D) Personal income taxes. –

(i) If the eligible company is an electing small business
corporation, as defined in section 1361 of the United States
Internal Revenue Code of 1986, as amended, a partnership, a limited
liability company that is treated as a partnership for federal
income tax purposes or a sole proprietorship, then any unused credit
after application of paragraph (C) of this subdivision (3) is
allowed as a credit against the taxes imposed by article twenty-one,
chapter eleven of this code on the members, owners, partners or
interest holders in the eligible company.

(ii) Electing small business corporations, limited liability
companies, partnerships and other unincorporated organizations shall
allocate the credit allowed by this article among their members in
the same manner as profits and losses are allocated for the taxable
year.

(E) No credit is allowed under this subdivision (3) against any
employer withholding taxes imposed by article twenty-one, chapter
eleven of this code.

(F) The tax credits allowed under articles thirteen-j,
thirteen-q, thirteen-s, thirteen-r, thirteen-w, and thirteen-aa of
this code may not be applied to offset any tax against which the tax
credit allowed under this article is allowed or authorized. No
person, entity, company, or eligible company authorized or entitled
to any tax credit allowed under this section or any member of the
unitary group or any member of the controlled group of which the
taxpayer is a member, may gain entitlement to any other economic
development tax credit or economic development tax incentive which
relates to the investment or activity upon which the credit
authorized under this section is based.

(G) (i) In order to effectuate the purposes of this subdivision
(3), the Tax Commissioner may propose for promulgation rules,
including emergency rules, in accordance with article three, chapter
twenty-nine-a of this code.

(ii) The Tax Commissioner may apply any amount of the tax
credit otherwise available to a Taxpayer under this article, to pay
any delinquent West Virginia state tax liability of the taxpayer,
and interest and penalties as applicable.

(iii) Any amount of the tax credit otherwise available to a
taxpayer under this article may be applied by the applicable
administering agency to pay any outstanding obligation to a Workers'
Compensation Fund, as defined in article two-c of chapter twenty-three of this code, or any outstanding obligation under the West
Virginia Unemployment Compensation Act.

(iv) Any amount of the tax credit otherwise available to a
taxpayer under this article, may be applied by the applicable
administering agency to pay any delinquent or unpaid assessment,
fee, fine, civil penalty or monetary imposition imposed by the West
Virginia Division of Environmental Protection or the United States
Environmental Protection Agency, or any agency charged with
enforcing federal, state or local environmental or hazardous waste
regulations.

(H) Unused credit, refundable credit. – If any annual credit
remains after application of preceding paragraphs of this
subdivision (3), the amount thereof shall be refunded annually to
the eligible company, and distributed in accordance with the credit
distribution specified in this subdivision (3): Provided, That the
amount thereof may not exceed the limitation on annual tax credit or
the limitation on total aggregate tax credit specified in this
section.

(I) Forfeiture of credit. - If any credit remains after
expiration of the fifth taxable year subsequent to the end of the
initial ten year credit application period, such credit is
forfeited, and may not be used to offset any West Virginia tax
liability.

(d) Compensation of employees filling new jobs.

(1) The new jobs and new employee criteria which count toward
qualification of a taxpayer as an eligible company for purposes of
the tax credit allowed by this section shall be subject to the
following limitations and requirements. A job counts toward
qualification of a taxpayer as an eligible company if the job is a
new job, as defined in this section, held by a new employee, as
defined in this section, and the new job:

(A) Pays a median wage of at least $37,000 annually. Beginning
January 1, 2015, and on January 1 of each year thereafter, the Tax
Commissioner shall prescribe an amount that shall apply in lieu of
the $37,000 amount for new jobs filled during that calendar year.
This amount is prescribed by increasing the $37,000 figure by the
cost-of-living adjustment for that calendar year. If any increase
under this subdivision is not a multiple of $50, the increase shall
be rounded to the next lowest multiple of $50;

(B) Provides health insurance. The employer may, in addition,
offer benefits including child care, retirement and other benefits;
and

(C) Is a full-time, permanent position, as those terms are
defined in this section.

(D) Jobs that pay less than the statewide average nonfarm
payroll wage, as determined annually by the West Virginia Bureau of
Employment Programs, or that pay that salary, but do not also
provide health benefits in addition to the salary, do not count
toward qualification of a taxpayer as an eligible company under this
section. Jobs that are less than full-time, permanent positions do
not count toward qualification of a taxpayer as an eligible company
under this section.

(E) The employer having obtained qualification as an eligible
company under this section for the year in which the new job is
filled is not required to raise wages of the employees currently
employed in the new jobs upon which the initial qualification as an
eligible company under this section was based by reason of the cost-of-living adjustment for new jobs filled in subsequent years
provided the employer continues to provide healthcare.

(e) Application and review.

(1) Application. - An eligible company that meets the
requirements of this section may apply to the Development Office for
entitlement to the tax credit authorized under this section. The
application shall be on a form prescribed by the Development Office
and shall include all of the following:

(A) The name and address of the applicant;

(B) Documentation that the applicant is a eligible company;

(C) Documentation that the applicant meets the requirements of
this section;

(D) Documentation that the applicant does not owe any
delinquent taxes or any other amounts to the federal government,
this state or any political subdivision of this state;

(E) An affidavit that the applicant has not filed for or
publicly announced its intention to file for bankruptcy protection
and that the company will not seek bankruptcy protection within the
next six calendar months following the date of the application;

(F) A waiver of confidentiality under section five-d, article
ten, chapter eleven of this code for information provided in the
application; and

(G) Any other information required by the Development Office.

(f) Credit allowable.

(1) Certified multiple year projects.

(A) In general. - A multiple year qualified professional
services destination facility project certified by the West Virginia
Development Office is eligible for the credit allowable by this
article. A project eligible for certification under this section is
one where the qualified investment under this article creates at
least the required minimum number of new jobs but the qualified
investment is placed in service or use over a period of up to three
successive tax years: Provided, That the qualified investment is
made pursuant to a written business facility development plan of the
taxpayer providing for an integrated project for investment at one
or more new or expanded business facilities, a copy of which must be
attached to the taxpayer's application for project certification and
approved by the West Virginia Development Office, and the qualified
investment placed in service or use during the first tax year would
not have been made without the expectation of making the qualified
investment placed in service or use during the next two succeeding
tax years.

(B) Application for certification. - The application for
certification of a project under this section shall be filed with
and approved by the West Virginia Development Office prior to any
credit being claimed or allowed for the project's qualified
investment and new jobs created as a direct result of the qualified
investment. This application shall be approved in writing and
contain the information as the West Virginia Development Office may
require to determine whether the project should be certified as
eligible for credit under this article.

(C) Review. - Within thirty days of receipt of a complete
application, the Development Office, in conjunction with the Tax
Division of the Department of Revenue, shall review the application
and determine if the applicant is an eligible company and that the
requirements of this section have been met. Applications not
approved within the thirty days specified in this subdivision are
hereby deemed denied.

(D) Approval. - The Development Office may approve or deny the
application. Upon approval of an application, the Development Office
shall notify the applicant in writing and enter into an agreement
with the eligible company for benefits under this section.

(2) Certified follow-up project expansions.

(A) An eligible company that intends to undertake a follow-up
project expansion, may apply to the West Virginia Development Office
for certification of a single, one-time, follow-up project
expansion, and entitlement to an additional tax credit under this
section in an amount which is the lesser of twenty-five percent of
qualified investment in the follow-up project expansion or $12.5
million. No taxpayer, or group of taxpayers, in the aggregate may
apply more than $2.5 million of annual credit in any tax year under
this section, either in the form of a refund or directly against a
tax liability or in any combination thereof. This limitation applies
to initial tax credit attributable to qualified investment in a
qualified professional services destination facility, and to
qualified investment in a follow-up project expansion, so that
credit attributable additively and in the aggregate to both may not
be applied to exceed $2.5 million annual credit in any tax year.

(B) The requirements, limitations and qualifications applicable
to qualified professional services destination facility projects
under this section apply to follow-up project expansions, except for
those requirements, limitations and qualifications expressly
specified in this subdivision (2).

(C) Requirements for certification of a follow-up project
expansion are as follows:

(i) The eligible company, pursuant to certification and
authorization for entitlement to tax credit under subsection (1) of
this section (f), has placed qualified investment of not less than
$80 million into service in a qualified professional services
destination facility within an initial period of not more than three
tax years;

(ii) The eligible company intends to place additional qualified
investment in service or use in the previously certified qualified
professional services destination facility project, or an expansion
or extension thereof. In no case shall a follow-up project expansion
be certified if the follow-up project expansion property is not
contiguous to, or within not more than one mile of, the initial
qualified professional services destination facility;

(iii) The eligible company proposes to place the qualified
investment in the follow-up project expansion in service or use in
the fourth tax year subsequent to the tax year in which qualified
investment was first placed into service or use in the initial
qualified professional services destination facility project, or
under a multiple year project certification, in the fourth, fifth
and sixth tax year subsequent to the tax year in which qualified
investment was first placed into service or use in the initial
qualified professional services destination facility project;

(iv) The follow-up project expansion must create and maintain
at least twenty-five net new jobs held by new employees, in addition
to the new jobs created by the initial qualified professional
services destination facility project. The loss of any West Virginia
job at the eligible company will be subtracted from the count of new
jobs attributable to the follow-up project expansion;

(v) The West Virginia Development Office shall not issue more
than one certification for any follow-up project expansion; and

(vi) The West Virginia Development Office shall not issue
certification of a follow-up project expansion unless the applicant
provides convincing evidence to show that the follow-up project
expansion will result in jobs creation specified in this
subdivision, that such jobs will remain and be maintained in West
Virginia for at least ten years subsequent to the placement of
qualified investment into service or use in the follow-up project
expansion, that the follow-up project expansion will not operate to
the detriment of other West Virginia businesses or to the detriment
of the economy, public welfare or moral character of West Virginia
or its people.

(g) Agreement.

(1) The agreement between the eligible company and the
Development Office shall be entered into before any benefits may be
provided under this section.

(2) The agreement shall do all of the following:

(A) Specify the terms and conditions the eligible company must
comply with in order to receive benefits under this section, other
than those terms, limitations and conditions specified and mandated
by statute or regulation; and

(B) Require the Development Office to certify all of the
following to the Tax Division of the Department of Revenue each
taxable year an agreement under this section is in effect:

(i) That the eligible company is eligible to receive benefits
under this section;

(ii) The number of new jobs created by the company during each
taxable year;

(iii) The amount of gross wages, as determined for purposes of
Form W2, as filed with the Internal Revenue Service, being paid to
each individual employed in a new job;

(iv) The amount of an eligible company’s qualified investment;

(v) The maximum amount of credit allowable to the eligible
company under this section; and

(vi) Any other information deemed necessary by the Development
Office.

(h) Filingand contents.

(1) Filing. – On or before the due date of the income tax
return for each tax year in which the agreement is in effect, an
eligible company shall file with the Tax Division of the Department
of Revenue a form prescribed by the Tax Commissioner.

(2) Contents. - The form specified under subdivision (1) of
this subsection (h) shall request the following information:

(A) The name and Employer Identification Number of the eligible
company;

(B) The effective date of the agreement;

(C) The reporting period end date;

(D) Information relating to each individual employed in a new
job as required by the Tax Commissioner;

(E) Aggregate gross receipts for the tax period and gross
receipts on which tax has been paid under article twenty-seven,
chapter eleven of this code for the tax period; and

(F) Any other information required by the Tax Commissioner.

(3) Taking of credit. - The taxpayer, participant or
participants claiming the credit for qualified investments in a
certified project shall annually file with their income tax returns
filed under chapter eleven of this code:

(A) Certification that the taxpayer’s or participant's
qualified investment property continues to be used in the project
and if disposed of during the tax year, was not disposed of prior to
expiration of its useful life;

(B) Certification that the new jobs created by the project's
qualified investment continue to exist and are filled by persons who
are residents of this State; and

(C) Any other information the tax commissioner requires to
determine continuing eligibility to claim the annual credit
allowance for the project's qualified investment.

(4) Confidentiality.- The contents of the completed form shall
be subject to the confidentiality rules set forth in section five-d,
article ten, chapter eleven of this code: Provided, That
notwithstanding the provisions of section five-d, article ten,
chapter eleven of this code, or any other provision of this code,
tax returns, tax return information and such other information as
may be necessary to administer the tax credits and programs
authorized and specified by this article and in this section may be
exchanged between the Tax Commissioner and the West Virginia
Development Office without restriction.

(a) The approved company or eligible company shall forfeit the
tourism development project tax credit allowed by section seven of
this article, or the tourism development expansion tax credit
allowed by section seven-a of this article, or the tax credit
allowed by section seven-b of this article, as applicable, with
respect to any calendar year and shall pay the recapture tax imposed
by subsection (b) of this section, if:

(1) In any year following the first calendar year the project
is open to the public, the project fails to attract at least twenty-five percent of its visitors from among persons who are not
residents of the state;

(2) In any year following the first year the project is open to
the public, the project is not operating and open to the public for
at least one hundred days; or

(3) The approved company or eligible company, as of the
beginning of each calendar year, has an outstanding obligation to a
Workers’ Compensation Fund, as defined in article two-c of chapter
twenty-three of this code, an outstanding obligation under the West
Virginia Unemployment Compensation Act, or an outstanding obligation
under the West Virginia state tax and revenue laws; or

(4) Any company, approved company or eligible company, to which
entitlement to the tax credit authorized under section seven-b of
this article has been previously established, fails to meet the
requirements specified in section seven-b for an eligible company
and for a qualified professional services destination facility,
including, but not limited to, jobs maintenance, employee wage and
employee health benefits, aggregate gross receipts, and gross
receipts subject to the tax imposed under article twenty-seven,
chapter eleven of this code.

(5) Any company, approved company or eligible company, to which
entitlement to the tax credit authorized under section seven-b of
this article has been previously established:

(A) Is delinquent in payment of any assessment, fee, fine,
civil penalty or monetary imposition imposed by the West Virginia
Division of Environmental Protection or the United States
Environmental Protection Agency, or any agency charged with
enforcing federal, state or local environmental or hazardous waste
regulations,

(B) Is delinquent in compliance with any order, injunction,
compliance agreement, agreed order, court order, mandamus or other
enforcement or compliance instrumentality of the West Virginia
Division of Environmental Protection or United States Environmental
Protection Agency or any agency charged with enforcing federal,
state or local environmental or hazardous waste regulations.

(C) Is out of compliance or not compliant with any citation or
order issued by the West Virginia Division of Environmental
Protection or the United States Environmental Protection Agency, or
any agency charged with enforcing federal, state or local
environmental or hazardous waste regulations, requiring that a
condition be abated or corrected.

(b) In addition to the loss of credit allowed under this
article for the calendar year, a credit recapture tax is hereby
imposed on any approved company or successor eligible company that
forfeits the tourism development project tax credit or the tourism
development expansion project credit or the credit authorized under
section seven-b of this article, under the provisions of subsection
(a) of this section. The credit recapture tax shall apply and the
approved company, and successor eligible companies, shall return to
the stateand any other person or entity that has received the tax
credit allowed under this article shall be liable for an amount of
recapture tax equal to all previously claimed tourism development
project tax credit or tourism development expansion project credit,
or the tax credits authorized under section seven-b of this article,
and allowed by this article. An amended return shall be filed with
the State Tax Commissioner, as applicable, plus interest and
penalties applicable in accordance with the Tax Procedure and
Administration Act. The recapture tax shall be calculated and paid
pursuant to the filing, with the tax commissioner of an amended
return, and such other forms, schedules and documents as the Tax
Commissioner may require, for the prior calendar year, or calendar
years, for which credit recapture is required, along with interest,
as provided in section seventeen, article ten, chapter eleven of
this code: Provided, That the approved company and successor
eligible companies, eligible company, person or entity who
previously claimed the tourism development project tax credit, or
the tourism development expansion project credit, or the tax credits
allowed by section seven-b of this article, as applicable, under
this article and successor eligible companies, persons or entities
are jointly and severally liable for payment of any recapture tax
subsequently imposed under this section. For purposes of this
recapture tax, the statute of limitations otherwise applicable under
the Tax Procedure and Administration Act shall not begin to run
until the eighteenth year subsequent to the earlier of: the year
when qualified investment is first placed into service or use, or
the year when the application for the tax credit authorized under
this article was filed with the West Virginia Development Office.

(c) Within forty-five days after the end of each calendar year
during the term of the agreement, the approved company shall supply
the development office with all reports and certifications the
development office requires demonstrating to the satisfaction of the
development office that the approved company is in compliance with
applicable provisions of law. Based upon a review of these materials
and other documents that are available, the development office shall
then certify to the Tax Commissioner that the approved company is in
compliance with this section.

(d) The tax credit allowed in this article is transferable,
subject to the written consent of the development office, to an
eligible successor company that continues to operate the approved
project.

§5B-2E-11. Termination.

The Development Office may not accept any new project
application after December 31, 20132019, and all applications
submitted prior to January 1, 20132020, that have not been
previously approved or not approved, shall be deemed not approved
and shall be null and void as of January 1,20132020.

Following discussion,

The question being on the adoption of the Finance committee
amendment to the bill, the same was put and prevailed.

The bill (Eng. Com. Sub. for H. B. No. 4184), as amended, was
then ordered to third reading.

Thereafter, at the request of Senator Sypolt, and by unanimous
consent, the remarks by Senators Prezioso and Barnes regarding the
adoption of the Finance committee amendment to the bill were ordered
printed in the Appendix to the Journal.

The Senate proceeded to the sixth order of business, which
agenda includes the making of main motions.

On motion of Senator Unger, the Senate requested the return
from the House of Delegates of

Eng. Com. Sub. for House Bill No. 4552, Relating to the court
of claims.

Passed by the Senate in earlier proceedings today,

The bill still being in the possession of the Senate,

On motion of Senator Unger, the Senate reconsidered vote as to
the passage of the bill.

The vote thereon having been reconsidered,

On motion of Senator Unger, the Senate reconsidered its action
by which on yesterday, Thursday, March 6, 2014, it adopted Senator
Palumbo’s amendment to the bill (shown in the Senate Journal of that
day, page 209).

The vote thereon having been reconsidered,

The question again being on the adoption of Senator Palumbo’s
amendment to the bill.

Thereafter, at the request of Senator Palumbo, and by unanimous
consent, Senator Palumbo’s amendment to the bill was withdrawn.

On motion of Senator Palumbo, the following substitute
amendment to the bill (Eng. Com. Sub. for H. B. No. 4552) was
reported by the Clerk and adopted:

On page fifteen, section twenty-eight, lines ten and eleven, by
striking out the words “in any other court of this state” and
inserting in lieu thereof the words “and they are not subject to
judicial review”.

The bill, as just amended, was ordered to third reading.

Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4552) was then read a third time and put upon its passage.

So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for H. B. No. 4552) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

Without objection, the Senate returned to the third order of
business.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the Senate
in the House of Delegates amendments, as to

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendments to the bill were
reported by the Clerk:

By striking out everything after the enacting clause and
inserting in lieu thereof the following:

That §16-1-2 and §16-1-9a of the Code of West Virginia, 1931,
as amended, be amended and reenacted; that said code be amended by
adding thereto new sections §16-1-9c, §16-1-9d and §16-1-9e; that
§22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of
said code be amended and reenacted; and that said code be amended by
adding thereto a new article, designated §22-30-1, §22-30-2,
§22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8,
§22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14,
§22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20,
§22-30-21, §22-30-22, §22-30-23, §22-30-24 and §22-30-25; and that
said code be amended and reenacted by adding thereto a new article,
designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5,
§22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and
§22-31-12; and that said code be amended and reenacted by adding
thereto two new sections, designated §24-2G-1 and §24-2G-2, all to
read as follows:

CHAPTER 16. PUBLIC HEALTH.

ARTICLE 1. STATE PUBLIC HEALTH SYSTEM.

§16-1-2. Definitions.

Unless the context in which used clearly requires a different

meaning, As used in this article:

(a)(1) “Basic public health services” means those services
that are necessary to protect the health of the public. The three
areas of basic public health services are communicable and
reportable disease prevention and control, community health
promotion and environmental health protection;

(b)(2) “Bureau” means the Bureau for Public Health in the
department; of health and human resources;

(c)(3) “Combined local board of health” meansis one form of
organization for a local board of health and means a board of health
serving any two or more counties or any county or counties and one
or more municipalities within or partially within the county or
counties;

(d)(4) “Commissioner” means the commissioner of the bureau,
for public health, who is the state health officer;

(e)(5) “County board of health” meansis one form of
organization for a local board of health and means a local board of
health serving a single county;

(f)(6) “Department” means the West Virginia Department of
Health and Human Resources;

(g)(7) “Director” or “director of health” means the state
health officer. Administratively within the department, the bureau
for public health through its commissioner carries out the public
health functions of the department, unless otherwise assigned by the
secretary;

(h)(8) “Essential public health services” means the core
public health activities necessary to promote health and prevent
disease, injury and disability for the citizens of the state. The
services include:

(9)(I) Evaluating the effectiveness, accessibility and quality
of personal and population-based health services; and

(10)(J) Researching for new insights and innovative solutions
to health problems;

(i)(9) “Licensing boards” means those boards charged with
regulating an occupation, business or profession and on which the
commissioner serves as a member;

(j)(10) “Local board of health,” “local board” or “board”
means a board of health serving one or more counties or one or more
municipalities or a combination thereof;

(k)(11) “Local health department” means the staff of the local
board of health;

(l)(12) “Local health officer” means the individual physician
with a current West Virginia license to practice medicine who
supervises and directs the activities, of the local health
department services, staff and facilities of the local health
department and is appointed by the local board of health with
approval by the commissioner;

(m)(13) “Municipal board of health” ismeans one form of
organization for a local board of health and means a board of health
serving a single municipality;

(n)(14) “Performance-based standards” means generally
accepted, objective standards such as rules or guidelines against
which public health performance can be measured;

(15) “Potential source of significant contamination” means a
facility or activity that store, uses or produces substances or
compounds with potential for significant contaminating impact if
released into the source water of a public water supply.

(o)(16) “Program plan” or “plan of operation” means the annual
plan for each local board of health that must be submitted to the
commissioner for approval;

(17) “Public groundwater supply source” means a primary source
of water supply for a public water system which is directly drawn
from a well, underground stream, underground reservoir, underground
mine or other primary source of water supplies which is found
underneath the surface of the state.

(18) “Public surface water supply source” means a primary
source of water supply for a public water system which is directly
drawn from rivers, streams, lakes, ponds, impoundments or other
primary sources of water supplies which are found on the surface of
the state.

(19) “Public surface water influenced groundwater supply
source” means a source of water supply for a public water system
which is directly drawn from an underground well, underground river
or stream, underground reservoir or underground mine, and the
quantity and quality of the water in that underground supply source
is heavily influenced, directly or indirectly, by the quantity and
quality of surface water in the immediate area.

(s)(20) “Public water system” means;

(A) Any water supply or system which regularly supplies or
offers to supply water for human consumption through pipes or other
constructed conveyances, if serving at least an average of
twenty-five individuals per day for at least sixty days per year, or
which has at least fifteen service connections, and shall include:

(1)(i) Any collection, treatment, storage and distribution
facilities under the control of the owner or operator of the system
and used primarily in connection with the system; and

(2)(ii) Any collection or pretreatment storage facilities not
under such control which are used primarily in connection with the
system.

(B) A public water system does not include a system which meets
all of the following conditions:

(1)(i)Which Consists only of distribution and storage
facilities (and does not have any collection and treatment
facilities);

(2)(ii)Which Obtains all of its water from, but is not owned
or operated by, a public water system which otherwise meets the
definition;

(3)(iii)Which Does not sell water to any person; and

(4)(iv)Which Is not a carrier conveying passengers in
interstate commerce.

(21) “Public water utility” means a public water system which
is regulated by the West Virginia Public Service Commission pursuant
to the provisions of chapter twenty-four of this code.

(q)(22) “Secretary” means the secretary of the state
department; of health and human resources;

(r)(23) “Service area” means the territorial jurisdiction of
a local board of health;

(s)(24) “State Advisory Council on Public Health” ismeans the
advisory body charged by this article with providing advice to the
commissioner with respect to the provision of adequate public health
services for all areas in the state;

(t)(25) “State Board of Health” means and refers to, the
secretary, notwithstanding any other provision of this code to the
contrary, whenever and wherever in this code there is a reference to
the state board of health.

(26) “Zone of critical concern” for a public surface water
supply is a corridor along streams within a watershed that warrant
more detailed scrutiny due to its proximity to the surface water
intake and the intake’s susceptibility to potential contaminants
within that corridor. The zone of critical concern is determined
using a mathematical model that accounts for stream flows, gradient
and area topography. The length of the zone of critical concern is
based on a five-hour time of travel of water in the streams to the
water intake, plus an additional 1/4 mile below the water intake.
The width of the zone of critical concern is 1,000 feet measured
horizontally from each bank of the principal stream and 500 feet
measured horizontally from each bank of the tributaries draining
into the principal stream.

§16-1-9a. Regulation of public water systems.

(a) A public water system is any water supply or system that
regularly supplies or offers to supply water for human consumption
through pipes or other constructed conveyances, if serving at least
an average of twenty-five individuals per day for at least sixty
days per year, or which has at least fifteen service connections,
and shall include:

(1) Any collection, treatment, storage and distribution
facilities under the control of the owner or operator of such system
and used primarily in connection with such system; and

(2) Any collection or pretreatment storage facilities not under
such control which are used primarily in connection with such
system.

A public water system does not include a system that meets all
of the following conditions:

(1) Consists only of distribution and storage facilities (and
does not have any collection and treatment facilities);

(2) Obtains all of its water from, but is not owned or operated
by, a public water system that otherwise meets the definition;

(3) Does not sell water to any person; and

(4) Is not a carrier conveying passengers in interstate
commerce.

(a) The commissioner shall regulate public water systems as
prescribed in this section.

(1) The maximum contaminant levels to which all public water
systems shall conform in order to prevent adverse effects on the
health of individuals;

and, if the secretary considers appropriate,

(2) Treatment techniques that reduce the contaminant or
contaminants to a level which will not adversely affect the health
of the consumer; The rule shall contain

(3) Provisions to protect and prevent contamination of
wellheads and well fields used by public water supplies so that
contaminants do not reach a level that would adversely affect the
health of the consumer;

(2) The secretary shall further prescribe by legislative rule

(4) Minimum requirements for:

(A) Sampling and testing;

(B) System operation;

(C) Public notification by a public water system on being
granted a variance or exemption or upon failure to comply with
specific requirements of this section and regulations promulgated
under this section;

(D) Record keeping;

(E) Laboratory certification; and

(F)as well as Procedures and conditions for granting variances
and exemptions to public water systems from state public water
systems regulations.

(3) In addition, The secretary commissioner shall establish by
legislative rule, in accordance with article three, chapter
twenty-nine-a of this code,

(5) Requirements covering the production and distribution of
bottled drinking water; and may by legislative rule, in accordance
with article three, chapter twenty-nine-a of this code, establish

(6) Requirements governing the taste, odor, appearance and
other consumer acceptability parameters of drinking water; and

(7) Any other requirement the commissioner finds necessary to
effectuate the provisions of this article.

(c) Authorized representatives of the bureauThe commissioner
or his or her authorized representatives or designeeshave right of
entry tomay enter any part of a public water system, whether or not
the system is in violation of a legal requirement, for the purpose
of inspecting, sampling or testing and shall be furnished records or
information reasonably required for a complete inspection.

(d)The right of entry includes the right for a bureau
representative or a designee of a bureau representative toThe
commissioner, his or her authorized representative or designee may
conduct an evaluation necessary to assure the public water system
meets federal safe drinking water requirements. The public water
system shall provide a written response to the bureaucommissioner
within forty-fivethirty days of receipt of the evaluation by the
public water system, addressing corrective actions to be taken as a
result of the evaluation.

(d)(e) (1) Any individual partnership, association, syndicate,
company, firm, trust, corporation, government corporation,
institution, department, division, bureau, agency, federal agency or
any entity recognized by law who violates any provision of this
sectionarticle, or any of the rules or orders issued pursuant to
this sectionarticle, is guilty of a misdemeanor and, upon
conviction thereof,shall be fined not less than $50is liable for
a civil penalty not less than $1,000 nor more than $500$5,000.and
Each day’s violation shall constitute a separate offense. The
commissioner or his or her authorized representative may also seek
injunctive relief in the circuit court of the county in which all or
part of the public water system is situated for threatened or
continuing violations.

(2) For a willful violation of a provision of this sectionarticle, or of any of the rules or orders issued under this sectionarticle, for which a penalty is not otherwise provided under
subdivision (3) of this subsection, an individual partnership,
association, syndicate, company, firm, trust, corporation,
government corporation, institution, department, division, bureau,
agency, federal agency or entity, recognized by law, upon a finding
of a willful violation by the circuit court of the county in which
the violation occurs, shall be subject to a civil penalty of not
more than $5,000$10,000 and each day’s violation shall be grounds
for a separate penalty.

(3) The commissioner or his or her authorized representative
shall have authority to assess administrative penalties and initiate
any proceedings necessary for the enforcement of drinking water
rules. The administrative penalty for a violation of any drinking
water rule is a minimum of $1,000 per day per violation and a
maximum of $2,500 per day per violation for systems serving more
than ten thousand persons, a minimum of $250 per day per violation
and a maximum of $500 per day per violation for systems serving over
three thousand three hundred persons up to and including ten
thousand persons, a minimum of $100 per day per violation and a
maximum of $200 per day per violation for systems serving three
thousand three hundred or fewer persons and each day’s violation
shall be grounds for a separate penalty.

(3)Civil penalties are payable to the commissioner. All
moneys collected under this section shall be deposited into a
restricted account known as the “Safe Drinking Water penalty Fund”.
previously created in the office of the state Treasurer. All money
deposited into the fund shall be used by the commissioner to provide
technical assistance to public water systems.

(f) The commissioner, or his or her authorized representative,
may also seek injunctive relief in the circuit court of the county
in which all or part of the public water system is located for
threatened or continuing violations.

§16-1-9c. Required update or completion of source water protection
plans.

(a) On or before July 1, 2016, each existing public water
utility which draws and treats water from a surface water supply
source or a surface water influenced groundwater supply source shall
submit to the commissioner an updated or completed source water
protection plan for each of its public water system plants with such
intakes, to protect its public water supplies from contamination.
Every effort shall be made to inform and engage the public, local
governments, local emergency planners, local health departments and
affected residents at all levels of the development of the
protection plan.

(b) The completed or updated plan for each affected plant, at
a minimum, shall include the following:

(1) A contingency plan that documents each public water
utility’s planned response to contamination of its public surface
water supply source or its public surface water influenced
groundwater supply source;

(2) An examination and analysis of the public watersystem’s
ability to isolate or divert contaminated waters from its surface
water intake or groundwater supply, and the amount of raw water
storage capacity for the public water system’s plant;

(3) An examination and analysis of the public water system’s
existing ability to switch to an alternative water source or intake
in the event of contamination of its primary water source;

(4) An analysis and examination of the public water system’s
existing ability to close its water intake in the event the system
is advised that its primary water source has become contaminated due
to a spill or release into a stream, and the duration of time it can
keep that water intake closed without creating a public health
emergency;

(5) The following operational information for each plant
receiving water supplies from a surface water source;

(A) The average number of hours the plant operates each day,
and the maximum and minimum number of hours of operation in one day
at that plant during the past year; and

(B) The average quantities of water treated and produced by the
plant per day, and the maximum and minimum quantities of water
treated and produced at that plant in one day during the past year;

(6) An analysis and examination of the public water system’s
existing available storage capacity on its system, how its available
storage capacity compares to the public water system’s normal daily
usage, and whether the public water system’s existing available
storage capacity can be effectively utilized to minimize the threat
of contamination to its system;

(7) The calculated level of unaccounted for water experienced
by the public water system for each surface water intake, determined
by comparing the measured quantities of water which are actually
received and used by customers served by that water plant to the
total quantities of water treated at the water plant over the past
year. If the calculated ratio of those two figures is less than 85%,
the public water system is to describe all of the measures it is
actively taking to reduce the level of water loss experienced on its
system;

(8) A list of the potential sources of significant
contamination contained within the zone of critical concern as
provided by the Department of Environmental Protection, the Bureau
for Public Health and the Division of Homeland Security and
Emergency Management. The exact location of the contaminants within
the zone of critical concern is not subject to public disclosure in
response to a Freedom of Information Act request under article one,
chapter twenty-nine-b of this code. However, the location,
characteristics and approximate quantities of potential sources of
significant contamination within the zone of critical concern shall
be made known to one or more designees of the public water utility,
and shall be maintained in a confidential manner by the public water
utility. In the event of a chemical spill, release or related
emergency, information pertaining to any spill or release of
contaminant shall be immediately disseminated to any emergency
responders responding to the site of a spill or release, and the
general public shall be promptly notified in the event of a chemical
spill, release or related emergency.

(9) If the public water utility’s water supply plant is served
by a single-source intaketo a surface water source of supply or a
surface water influenced source of supply, the submitted plan shall
also include an examination and analysis of the technical and
economic feasibility of each of the following options to provide
continued safe and reliable public water service in the event its
primary source of supply is detrimentally affected by contamination,
release, spill event or other reason;

(A)Constructing or establishing a secondary or backup intake
which would draw water supplies from a substantially different
location or water source;

(B) Constructing additional raw water storage capacity and/or
treated water storage capacity, to provide at least two days of
system storage, based on the plant’s maximum level of production
experienced within the past year;

(C) Creating or constructing interconnections between the
public water system with other plants on the public water utility
system or another public water system, to allow the public water
utility to receive its water from a different source of supply
during a period its primary water supply becomes unavailable or
unreliable due to contamination, release, spill event or other
circumstance;

(D) Any other alternative which is available to the public
water utility to secure safe and reliable alternative supplies
during a period its primary source of supply is unavailable or
negatively impacted for an extended period; and

(E) If one or more alternatives set forth in paragraphs (A)
through (D) is determined to be technologically or economically
feasible, the public water utility shall submit an analysis of the
comparative costs, risks and benefits of implementing each of the
described alternatives;

(10) A management plan that identifies specific activities that
will be pursued by the public water utility, in cooperation and in
concert with the bureau for public health, local health departments,
local emergency responders, local emergency planning committee, and
other state, county or local agencies and organizations to protect
its source water supply from contamination, including but not
limited to notification to and coordination with state and local
government agencies whenever the use of its water supply is
inadvisable or impaired, to conduct periodic surveys of the system,
the adoption of best management practices, the purchase of property
or development rights, conducting public education or the adoption
of other management techniques recommended by the commissioner or
included in the source water protection plan;

(11) A communications plan that documents the manner in which
the public water utility, working in concert with state and local
emergency response agencies, shall notify the local health agencies
and the public of the initial spill or contamination event and
provide updated information related to any contamination or
impairment of the source water supply or the system’s drinking water
supply, with an initial notification to the public to occur in any
event no later than thirty minutes after the public water system
becomes aware of the spill, release or potential contamination of
the public water system;

(12) A complete and comprehensive list of the potential sources
of significant contamination contained within the zone of critical
concern, based upon information which is directly provided or can
otherwise be requested and obtained from the Department of
Environmental Protection, the Bureau for Public Health, the Division
of Homeland Security and Emergency Management, and other resources;
and

(13) An examination of the technical and economic feasibility
of implementing an early warning monitoring system.

(c) Any public water utility’s public water systemwith a
primary surface water source of supply or a surface water influenced
groundwater source of supply that comes into existence on or after
the effective date of this article shall submit prior to the
commencement of its operations a source water protection plan
satisfying the requirements of subsection (b) of this section.

(d) The commissioner shall review a plan submitted pursuant to
this section and provide a copy to the Secretary of the Department
of Environmental Protection. Thereafter, within one hundred eighty
days of receiving a plan for approval, the commissioner may approve,
reject, or modify the plan as may be necessary and reasonable to
satisfy the purposes of this article. The commissioner shall
consult with the local public health officer and conduct at least
one public hearing when reviewing the plan. Failure by a public
water system to comply with a plan approved pursuant to this section
is a violation of this article.

(e) The commissioner may request a public water utility to
conduct one or more studies to determine the actual risk and
consequences related to any potential source of significant
contamination identified by the plan, or as otherwise made known to
the commissioner.

(f) Any public water utility required to file a complete or
updated plan in accordance with the provisions of this section shall
submit an updated source water protection plan at least every three
years or when there is a substantial change in the potential sources
of significant contamination within the identified zone of critical
concern.

(g) Any public water utility required to file a complete or
updated plan in accordance with the provisions of this section shall
review any source water protection plan it may currently have on
file with the bureau and update it to ensure it conforms with the
requirements of subsection (b) of this section on or before July 1,
2016.

(h) The commissioner’s authority in reviewing and monitoring
compliance with a source water protection plan may be transferred by
the bureau to a nationally accredited local board of public health.

§16-1-9d. Wellhead and Source Water Protection Grant Program.

(a) The commissioner shall continue the Wellhead and Source
Water Protection Grant Program.

(b) The fund heretofore created to provide funds for the
Wellhead and Source Water Protection Grant Program is continued in
the state treasury and shall be known as the “Wellhead and Source
Water Protection Grant Fund.” The fund shall be administered by the
commissioner and shall consist of all moneys made available for the
program from any source, including but not limited to all fees,
civil penalties and assessed costs, all gifts, grants, bequests or
transfers from any source, any moneys that may be appropriated and
designated for the program by the Legislature, and all interest or
other return earned from investment of the fund. Expenditures from
the fund shall be for the purposes set forth in this article to
provide water source protection pursuant to the program and are not
authorized from collections but are to be made only in accordance
with appropriation by the Legislature and in accordance with the
provisions of article three, chapter twelve of this code and upon
the fulfillment of the provisions set forth in article two, chapter
eleven-b of this code: Provided, That for the fiscal years ending
June 30, 2014 and 2015, expenditures are authorized from collections
rather than pursuant to an explicit appropriation by the
Legislature. Any balance, including accrued interest and other
returns, remaining in the fund at the end of each fiscal year shall
not revert to the general revenue fund but shall remain in the fund
and be expended as provided by this section.

(c) In prospectively awarding any grants under the Wellhead and
Source Water Protection Grant Program, the commissioner shall
prioritize those public water systems where there is the highest
probability of contamination of the water source based on the source
water assessment report or the source water protection plans which
were previously performed. Priority shall also be extended to
publicly owned public water systems over privately owned public
water systems.

(d) The commissioner, or his or her designee, shall apply for
and diligently pursue all available federal funds to help offset the
cost of completing source water protection plans by the deadlines
established in section nine-c of this article.

(e) The commissioner may receive any gift, federal grant, other
grant, donation or bequest and receive income and other funds or
appropriations to contribute to the Wellhead and Source Water
Protection Plan Grant Program.

§16-1-9e. Long-term medical study.

The Bureau of Public Health shall endeavor to engage the Center
for Disease Control and other federal agencies for the purpose of
creating, organizing and implementing a medical study to assess any
long term health effects resulting from the chemical spill that
occurred on January 9, 2014, and which exposed the public to
chemicals, including 4-methylcyclohexane.

The commissioner shall conduct such study pursuant to the
authority granted to the commissioner pursuant to article one,
section six, chapter sixteen of this code; Provided, That, in the
event the commissioner determines that, in order to adequately
perform such study, additional authority is required, the
commissioner shall provide a report of such additional authority
requested to the Governor and the Joint Committee on Government and
Finance.

The commissioner shall cause to be collected and preserved
information from health providers who treated patients presenting
with symptoms diagnosed as having been caused or exacerbated as a
result of exposure related to the January 9, 2014, chemical spill.
The commissioner shall analyze such data and other information
deemed relevant by the commissioner and provide a report of the
commissioner’s findings regarding potential long term health effects
of the January 9, 2014, chemical spill to the Joint Committee on
Health by January 1, 2015, including the results of its efforts to
engage federal cooperation and assistance for a long term
comprehensive study on the costs of conducting such study on behalf
of the state.

CHAPTER 22. ENVIRONMENTAL RESOURCES.

ARTICLE 26. WATER RESOURCES PROTECTION AND MANAGEMENT ACT.

§22-26-2. Definitions.

For purposes of this article: the following words have the
meanings assigned unless the context indicates otherwise

(a)(1) “Baseline average” means the average amount of water
withdrawn by a large quantity user over a representative historical
time period as defined by the secretary.

(b)(2) “Beneficial use” means uses that include, but are not
limited to, public or private water supplies, agriculture, tourism,
commercial, industrial, coal, oil and gas and other mineral
extraction, preservation of fish and wildlife habitat, maintenance
of waste assimilation, recreation, navigation and preservation of
cultural values.

(c)(3) “Commercial well” means a well that serves small
businesses and facilities in which water is the prime ingredient of
the service rendered, including water wells drilled to support
horizontal well operations.

(d)(4) “Community water system” means a public water system
that pipes water for human consumption to at least fifteen service
connections used by year-round residents or one that regularly
serves at least twenty-five residents.

(e)(5) “Consumptive withdrawal” means any withdrawal of water
which returns less water to the water body than is withdrawn.

(6) “Department” means the West Virginia Department of
Environmental Protection.

(f)(7) “Farm use” means irrigation of any land used for
general farming, forage, aquaculture, pasture, orchards, nurseries,
the provision of water supply for farm animals, poultry farming or
any other activity conducted in the course of a farming operation.

(g)(8) “Industrial well” means a well used exclusively for
nonpotable purposes, includingin industrial processing, fire
protection, washing, packing or manufacturing of a product excluding
food and beverages, or other nonpotable uses.

(h)(9) “Interbasin transfer” means the permanent removal of
water from the watershed from which it is withdrawn.

(i)(10) “Large-quantity user” means any person who withdraws
over seventhree hundred fifty thousand gallons of water in aanycalendar monththirty-day period from the state’s waters and any
person who bottles water for resale regardless of quantity
withdrawn. “Large-quantity user” excludes farm use, including
watering livestock or poultry on a farm, though farms may
voluntarily report water withdrawals to assist with the accuracy of
the survey.

(j)(11) “Maximum potential” means the maximum designed
capacity of a facility to withdraw water under its physical and
operational design.

(k)(12) “Noncommunity nontransient water system” means a
public water system that serves at least twenty-five of the same
persons over six months per year.

(l)(13) “Nonconsumptive withdrawal” means any withdrawal of
water which is not a consumptive withdrawal as defined in this
section.

(m)(14) “Person”, “persons” or “people” means an individual,
public and private business or industry, public or private water
service and governmental entity.

(n)(15) “Secretary” means the Secretary of the Department of
Environmental Protection or his or her designee.

(o)(16) “Transient water system” means a public water system
that serves at least twenty-five transient people at least sixty
days a year.”

(p)(17) “Test well” means a well that is used to obtain
information on groundwater quantity, quality, aquifer
characteristics and availability of production water supply for
manufacturing, commercial and industrial facilities.

(q)(18) “Water resources”, “water” or “waters” means any and
all water on or beneath the surface of the ground, whether
percolating, standing, diffused or flowing, wholly or partially
within this state, or bordering this state and within its
jurisdiction and includes, without limiting the generality of the
foregoing, natural or artificial lakes, rivers, streams, creeks,
branches, brooks, ponds, impounding reservoirs, springs, wells,
watercourses and wetlands: Provided, That farm ponds, industrial
settling basins and ponds and waste treatment facilities are
excluded from the waters of the state.

(r)(19) “Watershed” means a hydrologic unit utilized by the
United States Department of Interior’s geological survey, adopted in
1974, as a framework for detailed water and related land-resources
planning.

(s)(20) “Withdrawal” means the removal or capture of water
from water resources of the state regardless of whether it is
consumptive or nonconsumptive: Provided, That water encountered
during coal, oil, gas, water well drilling and initial testing of
water wells, or other mineral extraction and diverted, but not used
for any purpose and not a factor in low-flow conditions for any
surface water or groundwater, is not deemed a withdrawal.

(a) The waters of the State of West Virginia are hereby claimed
as valuable public natural resources held by the state for the use
and benefit of its citizens. The state shall manage the quantity ofand protect its waters effectively for present and future use and
enjoyment and for the protection of the environment. Therefore, it
is necessary for the state to determine the nature and extent of its
water resources, the quantity of water being withdrawn or otherwise
used and the nature of the withdrawals or other uses: Provided,
That no provisions of this article may be construed to amend or
limit any other rights and remedies created by statute or common law
in existence on the date of the enactment of this article.

(b) The secretary shall conduct an ongoing water resources
survey of consumptive and nonconsumptive surface water and
groundwater withdrawals by large quantity users in this state. The
secretary shall determine the form and format of the information
submitted, including the use of electronic submissions. The
secretary shall establish and maintain a statewide registration
program to monitor large quantity users of water resources. of this
state beginning in 2006.

(c) Large-quantity users, except those who purchase water from
a public or private water utility or other service that is reporting
its total withdrawal, shall register with the department of
Environmental Protection and provide all requested survey
information regarding withdrawals of the water resources. Multiple
withdrawals from state water resources that are made or controlled
by a single person and used at one facility or location shall be
considered a single withdrawal of water. Water withdrawals for
self-supplied farm use and private households will be estimated.
Water utilities regulated by the Public Service Commission pursuant
to article two, chapter twenty-four of this code are exempted from
providing information on interbasin transfers to the extent those
transfers are necessary to provide water utility services within the
state.

(d) Except as provided in subsection (f) of this section,
large-quantity users who withdraw water from a West Virginia water
resource shall comply with the survey and registration requirements
of this article. Registration shall be maintained annually by every
large-quantity user by certifying, on forms and in a manner
prescribed by the secretary. that the amount withdrawn in the
previous calendar year varies by no more than ten percent from the
users’ baseline average or by certifying the change in usage.

(e) The secretary shall maintain a listing of all large-
quantity users and each user’s baseline average water withdrawal.

(f) The secretary shall make a good faith effort to obtain
survey and registration information from persons who are withdrawing
water from in-state water resources, but who are located outside the
state borders.

(g) All state agencies and local governmental entities that
have a regulatory, research, planning or other function relating to
water resources, including, but not limited to, the State Geological
and Economic Survey, the Division of Natural Resources, the Public
Service Commission, the Bureau for Public Health, the Commissioner
of the Department of Agriculture, the Division of Homeland Security
and Emergency Management, Marshall University, West Virginia
University and regional, county and municipal planning authorities
may enter into interagency agreements with the secretary and shall
cooperate by: (i) Providing information relating to the water
resources of the state; (ii) providing any necessary assistance to
the secretary in effectuating the purposes of this article; and
(iii) assisting in the development of a state water resources
management plan. The secretary shall determine the form and format
of the information submitted by these agencies.

(h) Persons required to participate in the survey and
registration shall provide any reasonably available information on
stream flow conditions that impact withdrawal rates.

(i) Persons required to participate in the survey and
registration shall provide the most accurate information available
on water withdrawal during seasonal conditions and future potential
maximum withdrawals or other information that the secretary
determines is necessary for the completion of the survey or
registration: Provided, That a coal-fired electric generating
facility shall also report the nominal design capacity of the
facility, which is the quantity of water withdrawn by the facility’s
intake pumps necessary to operate the facility during a calendar
day.

(j) The secretary shall, to the extent reliable water
withdrawal data is reasonably available from sources other than
persons required to provide data and participate in the survey and
registration, utilize that data to fulfill the requirements of this
section. If the data is not reasonably available to the secretary,
persons required to participate in the survey and registration are
required to provide the data. Altering locations of intakes and
discharge points that result in an impact to the withdrawal of the
water resources by an amount of ten percent or more from the
consecutive baseline average shall also be reported.

(k) The secretary shall report annually to the Joint
Legislative Oversight Commission on State Water Resources on the
survey results. The secretary shall also make a progress report
every three yearsannually on the developmentimplementation of the
State Water Resources Management Plan and any significant changes
that may have occurred since the survey reportState Water Resources
Management Plan was submitted in two thousand six 2013.

(l) In addition to any requirements for completion of the
survey established by the secretary, the survey must accurately
reflect both actual and maximum potential water withdrawal. Actual
withdrawal shall be established through metering, measuring or
alternative accepted scientific methods to obtain a reasonable
estimate or indirect calculation of actual use.

(m) The secretary shall make recommendations to the joint
Legislative Oversight Commission on Water Resources created in
section five of this article relating to the implementation of a
water quantity management strategy for the state or regions of the
state where the quantity of water resources are found to be
currently stressed or likely to be stressed due to emerging
beneficial or other uses, ecological conditions or other factors
requiring the development of a strategy for management of these
water resources.

(n) The secretary may propose rules pursuant to article three,
chapter twenty-nine-a of this code as necessary to implement the
survey registration or plan requirements of this article.

(o) The secretary is authorized to enter into cooperative
agreements with local, state and federal agencies and private policy
or research groups to obtain federal matching funds, conduct
research and analyze survey and registration data and other
agreements as may be necessary to carry out his or her duties under
this article.

(p) The department, the Division of Natural Resources, the
Division of Highways and the Conservation Agency (cooperating state
agencies) shall continue providing matching funds for the United
States Geological Survey’s (USGS) stream-gauging network to the
maximum extent practicable. Should a cooperating state agency
become unable to maintain its contribution level, it should notify
the USGS and the commission of its inability to continue funding for
the subsequent federal fiscal year by July 1, in order to allow for
the possible identification of alternative funding resources.

§22-26-5. Joint Legislative Oversight Commission on State Water
Resources.

(a) The President of the Senate and the Speaker of the House of
Delegates shall each designate five members of their respective
houses, at least one of whom shall be a member of the minority
party, to serve on a joint legislative oversight commission charged
with immediate and ongoing oversight of the water resources survey,
registration and development of a state water resources management
plan. This commission shall be known as the Joint Legislative
Oversight Commission on State Water Resources and shall regularly
investigate and monitor all matters relating to the water resources,
including the survey and plan.

(b) The expenses of the commission, including the cost of
conducting the survey and monitoring any subsequent strategy and
those incurred in the employment of legal, technical, investigative,
clerical, stenographic, advisory and other personnel, are to be
approved by the Joint Committee on Government and Finance and paid
from legislative appropriations.

§22-26-6. Mandatory survey and registration compliance.

(a) The water resources survey and subsequent registry will
provide critical information for protection of the state’s water
resources and, thus, mandatory compliance with the survey and
registry is necessary.

(b) All large-quantity users who withdraw water from a West
Virginia water resource shall complete the survey and register such
use with the department of Environmental Protection. Any person who
fails to complete the survey or register, provides false or
misleading information on the survey or registration, or fails to
provide other information as required by this article may be subject
to a civil administrative penalty not to exceed $5,000 to be
collected by the secretary consistent with the secretary’s authority
pursuant to this chapter. Every thirty days after the initial
imposition of the civil administrative penalty, another penalty may
be assessed if the information is not provided. The secretary shall
provide written notice of failure to comply with this section thirty
days prior to assessing the first administrative penalty.

§22-26-7. Secretary authorized to log wells; collect data.

(a) In order to obtain important information about the state’s
surface and groundwater, the secretary is authorized to collect
scientific data on surface and groundwater and to enter into
agreements with local and state agencies, the federal government and
private entities to obtain this information.

(1)(b) Any person who installs a community water system,
noncommunity nontransient water system, transient water system,
commercial well, industrial or test well shall notify the secretary
of his or her intent to drill a water well no less than ten days
prior to commencement of drilling. The ten-day notice is the
responsibility of the owner, but may be given by the drilling
contractor.

(2)(c) The secretary has the authority to gather data,
including driller and geologist logs, run electric and other
remote-sensing logs and devices and perform physical characteristics
tests on nonresidential and multifamily water wells.

(3)(d) The drilling contractor shall submit to the secretary
a copy of the well completion forms submitted to the Division of
HealthBureau for Public Health for a community water system,
noncommunity nontransient water system, transient water system,
commercial well, industrial or test well. The drilling contractor
shall also provide the well GPS location and depth to groundwater on
the well report submitted to the secretary.

(4)(e) Any person who fails to notify the secretary prior to
drilling a well or impedes collection of information by the
secretary under this section is in violation of the Water Resources
Protection and Management Act and is subject to the civil
administrative penalty authorized by section six of this article.

(5)(f) Any well contracted for construction by the secretary
for groundwater or geological testing must be constructed at a
minimum to well design standards as promulgated by the Division of
HealthBureau for Public Health. Any wells contracted for
construction by the secretary for groundwater or geological testing
that would at a later date be converted to a public use water well
must be constructed to comport to state public water design
standards.

§22-26-8. State Water Resources Management Plan; powers and duty of
secretary.

(a) The secretary of the Department of Environmental Protection
shall oversee the development of a State Water Resources Management
Plan to be completed no later than November 30, 2013. The plan
shall be reviewed and revised as needed after its initial adoption.
The plan shall be developed with the cooperation and involvement of
local and state agencies with regulatory, research or other
functions relating to water resources including, but not limited to,
those agencies and institutions of higher education set forth in
section three of this article and a representative of large quantity
users. The State Water Resources Management Plan shall be developed
utilizing the information obtained pursuant to said section and any
other relevant information available to the secretary.

(b) The secretary shall develop definitions for use in the
State Water Resources Management Plan for terms that are defined
differently by various state and federal governmental entities as
well as other terms necessary for implementation of this article.

(c) The secretary shall continue to develop and obtain the
following:

(1) An inventory of the surface water resources of each region
of this state, including an identification of the boundaries of
significant watersheds and an estimate of the safe yield of such
sources for consumptive and nonconsumptive uses during periods of
normal conditions and drought.

(2) A listing of each consumptive or nonconsumptive withdrawal
by a large-quantity user, including the amount of water used,
location of the water resources, the nature of the use, location of
each intake and discharge point by longitude and latitude where
available and, if the use involves more than one watershed or basin,
the watersheds or basins involved and the amount transferred.

(3) A plan for the development of the infrastructure necessary
to identify the groundwater resources of each region of this state,
including an identification of aquifers and groundwater basins and
an assessment of their safe yield, prime recharge areas, recharge
capacity, consumptive limits and relationship to stream base flows.

(4) After consulting with the appropriate state and federal
agencies, assess and project the existing and future nonconsumptive
use needs of the water resources required to serve areas with
important or unique natural, scenic, environmental or recreational
values of national, regional, local or statewide significance,
including national and state parks; designated wild, scenic and
recreational rivers; national and state wildlife refuges; and the
habitats of federal and state endangered or threatened species.

(5) Assessment and projection of existing and future
consumptive use demands.

(6) Identification of potential problems with water
availability or conflicts among water uses and users including, but
not limited to, the following:

(A) A discussion of any area of concern regarding historical or
current conditions that indicate a low-flow condition or where a
drought or flood has occurred or is likely to occur that threatens
the beneficial use of the surface water or groundwater in the area;
and

(B) Current or potential in-stream or off-stream uses that
contribute to or are likely to exacerbate natural low-flow
conditions to the detriment of the water resources.

(7) Establish criteria for designation of critical water
planning areas comprising any significant hydrologic unit where
existing or future demands exceed or threaten to exceed the safe
yield of available water resources.

(8) An assessment of the current and future capabilities of
public water supply agencies and private water supply companies to
provide an adequate quantity and quality of water to their service
areas.

(9) An assessment of flood plain and stormwater management
problems.

(10) Efforts to improve data collection, reporting and water
monitoring where prior reports have found deficiencies.

(11) A process for identifying projects and practices that are
being, or have been, implemented by water users that reduce the
amount of consumptive use, improve efficiency in water use, provide
for reuse and recycling of water, increase the supply or storage of
water or preserve or increase groundwater recharge and a recommended
process for providing appropriate positive recognition of suchthose
projects or practices in actions, programs, policies, projects or
management activities.

(12) An assessment of both structural and nonstructural
alternatives to address identified water availability problems,
adverse impacts on water uses or conflicts between water users,
including potential actions to develop additional or alternative
supplies, conservation measures and management techniques.

(13) A review and evaluation of statutes, rules, policies and
institutional arrangements for the development, conservation,
distribution and emergency management of water resources.

(14) A review and evaluation of water resources management
alternatives and recommended programs, policies, institutional
arrangements, projects and other provisions to meet the water
resources needs of each region and of this state.

(1) The interconnections and relationships between groundwater
and surface water as components of a single hydrologic resource.

(2) Regional or watershed water resources needs, objectives and
priorities.

(3) Federal, state and interstate water resource policies,
plans, objectives and priorities, including those identified in
statutes, rules, regulations, compacts, interstate agreements or
comprehensive plans adopted by federal and state agencies and
compact basin commissions.

(4) The needs and priorities reflected in comprehensive plans
and zoning ordinances adopted by a county or municipal government.

(5) The water quantity and quality necessary to support
reasonable and beneficial uses.

(6) A balancing and encouragement of multiple uses of water
resources, recognizing that all water resources of this state are
capable of serving multiple uses and human needs, including multiple
uses of water resources for reasonable and beneficial uses.

(7) The distinctions between short-term and long-term
conditions, impacts, needs and solutions to ensure appropriate and
cost-effective responses to water resources issues.

(8) Application of the principle of equal and uniform treatment
of all water users that are similarly situated without regard to
established political boundaries.

(e) In November of each year,Each November, the secretary
shall report to the Joint Legislative Oversight Commission on State
Water Resources on the implementation of the State Water Resources
Management Plan. The report on the water resources plan shall
include benchmarks for achieving the plan’s goals and time frames
for meeting them.

(f) Upon adoption of the state Water Resources Management Plan
by the Legislature, the report requirements of this article shall be
superceded by the plan and subsequent reports shall be on the survey
results and the water resources plan. If the plan is not adopted a
detailed report discussing the provisions of this section as well as
progress reports on the development of the plan shall be submitted
every three years.The State Water Resources Management Plan is
adopted. Persons identified as large-quantity users prior to the
effective date of this subsection shall report actual monthly water
withdrawals, or monthly water withdrawals by a method approved by
the secretary, for the previous calendar year by March 31 of each
succeeding year. Persons identified as large-quantity users on or
after the effective date of this subsection shall submit their
initial annual report no later than March 31, 2016, and subsequent
annual reports by March 31 of each year thereafter.

ARTICLE 30. THE ABOVEGROUND STORAGE TANK ACT.

§22-30-1. Short title.

This article may be known and cited as the Aboveground Storage
Tank Act.

§22-30-2. Legislative findings.

(a) The West Virginia Legislature finds the public policy of
the State of West Virginia is to protect and conserve the water
resources for the state and its citizens. The state’s water
resources are vital natural resources that are essential to
maintain, preserve and promote human health, quality of life and
economic vitality of the state.

(b) The West Virginia Legislature further finds the public
policy of the state is for clean, uncontaminated water to be made
available for its citizens who are dependent on clean water as a
basic need for survival, and who rely on the assurances from public
water systems and the government that the water is safe to consume.

(c) The West Virginia Legislature further finds it in the
public policy of the state that clean, uncontaminated water be
available to its businesses and industries that rely on water for
their economic survival, and the well-being of their employees.
These include hospitals and the medical industry, schools and
educational institutions, the food and hospitality industries, the
tourism industry, manufacturing, coal, natural gas and other
industries. Businesses and industries searching for places to locate
or relocate consider the quality of life for their employees as well
as the quality of the raw materials such as clean water.

(d) The Legislature further finds that large quantities of
fluids are stored in aboveground storage tanks within the state and
that emergency situations involving these fluids can and will arise
that may present a hazard to human health, safety, the water
resources, the environment and the economy of the state. The
Legislature further recognizes that some of these fluids have been
stored in aboveground storage tanks in a regulated manner
insufficient to protect human health, safety, water resources, the
environment and the economy of the state.

§22-30-3. Definitions.

For purposes of this article:

(1) “Aboveground storage tank” or “tank” means a device made to
contain an accumulation of more than 1320 gallons of fluids that are
liquids at standard temperature and pressure, which is constructed
primarily of non-carbon materials, including wood, concrete, steel,
plastic or fiberglass reinforced plastic, which provide structural
support, more than 90% capacity of which is above the surface of the
ground, but does not include any process vessel. The term includes
stationary devices which are permanently affixed, and mobile devices
which remain in one location on a continuous basis for 60 or more
days, and includes all ancillary aboveground pipes and dispensing
systems up to the first point of isolation and all ancillary
underground pipes and dispensing systems connected to the
aboveground containersto the first point of isolation.
Notwithstanding any other provision of this code to the contrary,
shipping containers, including railroad freight cars, subject to
federal regulation under the Federal Railroad Safety Act, 49 U.S.C.
§§20101-2015, as amended, including but not limited to federal
regulations promulgated thereunder at 49 CAR 172, 173 or 174, or
subject to other federal law governing the transportation of
hazardous materials are not subject to any provision of this article
or of article thirty-one of this chapter. Notwithstanding any other
provision of this code to the contrary, barges or boats subject to
federal regulation under the United States Coast Guard, United
States Department of Homeland Security, including but not limited to
federal regulations promulgated at 33 CAR 1, et seq., or subject to
other federal law governing the transportation of hazardous
materials are not subject to any provision of this article or of
article thirty-one of this chapter.

(2) “Department” means the West Virginia Department of
Environmental Protection.

(3) “Nonoperational storage tank” means an emptyaboveground
storage tank in which fluids will not be deposited or from which
fluids will not be dispensed on or after the effective date of this
article.

(4) “Operator” means any person in control of, or having
responsibility for, the daily operation of an aboveground storage
tank.

(5) “Owner” means a person who holds title to, controls or owns
an interest in an aboveground storage tank, including owners of
tanks immediately preceding the discontinuation of a tank’s use.
“Owner” does not mean a person who holds an interest in a tank for
financial security, unless the holder has taken possession of and
operated the tank.

(6) “Person”, “persons” or “people” means any individual,
trust, firm, owner, operator, corporation or other legal entity,
including the United States government, an interstate commission or
other body, the state or any agency, board, bureau, office,
department or political subdivision of the state, but does not
include the Department of Environmental Protection.

(7) “Process vessel” means tanks, containers or other vessels
utilized in a facility in the manufacturing process through which
there is a steady, variable, recurring or intermittent flow of
materials. This does not include tanks used for storage of
materials prior to their introduction into the production process or
for the storage of finished products or by-products of the
production process.

(8) “Public groundwater supply source” means a primary source
of water supply for a public water system which is directly drawn
from a well, underground stream, underground reservoir, underground
mine or other primary source of water supplies which is found
underneath the surface of the state.

(9) “Public surface water supply source” means a primary source
of water supply for a public water system which is directly drawn
from rivers, streams, lakes, ponds, impoundments or other primary
sources of water supplies which are found on the surface of the
state.

(10) “Public surface water influenced groundwater supply
source” means a source of water supply from a public water system
which is directly drawn from an underground well, underground river
or stream, underground reservoir or underground mine, and the
quantity or quality of the water in that underground supply source
is heavily influenced, directly or indirectly, by the quantity and
quality of surface water in the immediate area.

(11) “Public water system” means:

(A) Any water supply or system which regularly supplies or
offers to supply water for human consumption through pipes or other
constructed conveyances, if serving at least an average of
twenty-five individuals per day for at least sixty days per year, or
which has at least fifteen service connections, and shall include:

(i) Any collection, treatment, storage and distribution
facilities under the control of the owner or operator of the system
and used primarily in connection with the system; and

(ii) Any collection or pretreatment storage facilities not
under such control which are used primarily in connection with the
system.

(B) A public water system does not include a system which meets
all of the following conditions:

(i) Consists only of distribution and storage facilities (and
does not have any collection and treatment facilities);

(ii) Obtains all of its water from, but is not owned or
operated by, a public water system which otherwise meets the
definition;

(iii) Does not sell water to any person; and

(iv) Is not a carrier conveying passengers in interstate
commerce.

(12) “Release” means any spilling, leaking, emitting,
discharging, escaping, leaching or disposing of fluids from an
aboveground storage tank into groundwater, surface water or
subsurface soils. The term shall also include spilling, leaking,
emitting, discharging, escaping, leaching or disposing of fluids
from an aboveground storage tank into a containment structure or
facility that poses an immediate threat of contamination of the
soils, subsurface soils, surface water or groundwater: Provided,
That the overfill or spillage of up to 20 gallons of fluid during
the loading or unloading of liquids shall not be required to be
reported if the overflow or spillage is wholly contained within a
containment structure or facility, it is promptly cleaned up, and no
portion of the overfill or spillage escapes onto the ground or into
adjacent surface water.

(13) “Secondary containment” means a safeguard applied to one
or more tanks that prevents the discharge into the waters of the
state of the entire capacity of the largest single tank and
sufficient freeboard to contain precipitation. In order to qualify
as secondary containment, the barrier and containment field must be
sufficiently impervious to contain fluids in the event of a release,
and may include double-walled tanks, dikes, containment curbs, pits
or a drainage trench enclosures that safely confine the release from
a tank in a facility catchment basin or holding pond.(14) “Secretary” means the Secretary of the Department of
Environmental Protection, or his or her designee.

(15) “Source water protection area” for a public groundwater
supply source is the area within an aquifer that supplies water to
a public water supply well within a five-year time-of-travel, and is
determined by the mathematical calculation of the locations from
which a drop of water placed at the edge of the protection area
would theoretically take five years to reach the well.

(16) “Zone of critical concern” for a public surface water
supply is a corridor along streams within a watershed that warrant
more detailed scrutiny due to its proximity to the surface water
intake and the intake’s susceptibility to potential contaminants
within that corridor. The zone of critical concern is determined
using a mathematical model that accounts for stream flows, gradient
and area topography. The length of the zone of critical concern is
based on a five-hour time of travel of water in the streams to the
water intake, plus an additional 1/4 mile below the water intake.
The width of the zone of critical concern is 1,000 feet measured
horizontally from each bank of the principal stream and 500 feet
measured horizontally from each bank of the tributaries draining
into the principal stream.

(a) To assure protection of the water resources of the state,
the secretary shall compile an inventory of all aboveground storage
tanks in existence this state, regardless of whether it is an
operational or nonoperational storage tank on the effective date of
this article. The secretary shall prescribe an inventory and
registration form for this purpose within thirty days of the
effective date of the enactment of this article.

(b) At a minimum the inventory form shall identify the
ownership of the tank, tank location, date of installation if known,
type of construction, capacity and age of the tank, the type and
volume of fluid stored therein, and the identity of and distance to
the nearest groundwater public water supply intake and/or nearest
surface water downstream public water supply intake.

(c) If the inventoried tank is regulated under any existing
state or federal regulatory program, the owner of the tank shall be
required to provide the identifying number of any license,
registration or permit issued for the tank, and identify the
regulatory standards and requirements the tank is required to meet.

(d) Any aboveground storage tank placed into service on or
after the effective date of this section, but prior to the
establishment of a permit program, shall complete and submit an
inventory form with the secretary.

(e) Upon receipt of an inventory form, the secretary shall
determine whether the storage tank is required to meet the minimum
design, construction, inspection, secondary containment, leak
reporting and performance standards equivalent to or greater than
the standards and requirements established under an existing license
or permit issued for the individual storage tank, storage tank farm
or site on which the storage tank is located.

(f) The secretary may charge a reasonable fee to cover the cost
of maintaining and overseeing the inventory and registration
program. The fee may be set by emergency and legislative rules
proposed for promulgation in accordance with the provisions of
article three, chapter twenty-nine-a of this code: Provided, That
for persons owning a commercial establishment which utilizes an
aboveground storage tank for public sale of gasoline, diesel fuel,
off road/heating oil or kerosene, if the tank has an adequate
secondary containment system, or the tank is double walled, and the
owner is submitting a tier II report to the local Emergency Medical
Services 911 Center and to local first responders, and permitting of
the establishment is as a retail facility and is not being regulated
as a storage facility (tank farm), that tank shall only be subject
to a one-time registration fee.

(g) On and after October 1, 2014, it shall be unlawful for any
owner or operator to operate or use an aboveground storage tank
subject to this article which has not been properly registered or
for which any applicable registration fee has not been paid.

(a) The secretary shall promulgate for review and consideration
by the West Virginia Legislature as legislative rules during the
2015 Regular Session of the West Virginia Legislature, on all
matters related to this article.

(b) To assure further protection of the water resources of the
state, the secretary shall develop a regulatory program for new and
existing aboveground storage tanks incorporating nationally
recognized tank standards such as those standards developed by the
American Petroleum Institute (“API”), the Steel Tank Institute
(“STI”) or comparable authorities, and taking into account the size,
location and contents of the tanks. At a minimum, the program shall
include the following:

(1) A requirement to submit a verified application for a permit
containing information as may be prescribed by the secretary;

(2) Performance standards for design, construction,
installation, maintenance, corrosion detection and maintenance,
release detection and prevention and secondary containment to ensure
the structural integrity of the storage tank and the secondary
containment;

(3) Requirements for maintaining a leak detection system,
inventory control systems together with tank testing or a comparable
system or method designed to identify releases from aboveground
storage tanks in a manner consistent with the protection of human
health, safety, water resources and the environment;

(4) Requirements for maintaining records of any monitoring or
leak detection system, corrosion prevention, inventory control
system or tank testing system;

(5) Requirements for early detection of releases and immediate
reporting of releases;

(6) Requirements for developing a corrective action plan to
expeditiously respond to any releases;

(7) Requirements for the closure of aboveground storage tanks
and remediation to prevent future releases of fluids or materials to
the state’s water resources;

(8) Requirements for certification of installation, removal,
retrofit, corrosion and other testing and inspection of aboveground
storage tanks, leak detection systems and secondary containment by
a qualified registered professional engineer regulated and licensed
by the State Board of Registration for Professional Engineers, or by
an individual certified to perform tank inspections by the American
Petroleum Institute, or by a person holding certification under
another program approved by the secretary;

(9) Requirements for life-cycle management of aboveground
storage tanks that include mitigation and corrosion prevention plans
that include but are not limited to:

(A) A life-cycle maintenance schedule for the use of protective
coatings and or other repair, rehabilitation, and maintenance
methods used for the preservation of aboveground storage tanks;

(B) A process for ensuring that corrosion prevention and
mitigation is carried out according to corrosion prevention industry
standards adopted by the Secretary for aboveground storage tanks
that includes the use of industry trained and certified:

(i) Protective coatings personnel to carry out surface
preparation operations and coating application on any type of
substrate and or surface, but especially concrete and steel;

(ii) Cathodic protection experts for all aspects of corrosion
prevention projects requiring knowledge of the design, installation,
monitoring, or maintenance of a cathodic protection system; and

(iii) Inspectors to ensure best practices and standards are
adhered to on a corrosion prevention and mitigation project;

(C) A plan to prevent environmental degradation that could
occur as a result of carrying out corrosion prevention and
mitigation including, but not limited to the careful handling and
containment of hazardous materials, not including the contaminant
within, removed from the interior and or exterior of an aboveground
storage tank; and

(D) Use of industry experts for consultation and direct to
determine whether to approve a corrosion prevention and mitigation
plan, or any part therein, the Secretary shall consult, and interact
directly with, corrosion industry experts specializing in the
training and certification of personnel to carry out corrosion
prevention and mitigation methods.

(10) The assessment of permit application and registration fees
as determined by the secretary;

(11) Permit issuance only after the application and any other
supporting documents have been submitted, reviewed and approved by
the secretary, and that permits may be issued with certain
conditions or contingencies;

(12) A requirement that any aboveground storage tank
maintenance work shall commence within six months from the date the
permit was issued and must be completed within one year of
commencement. If the work has not started or is not completed
during the stated time periods, the permit shall expire and a new
permit shall be required unless a written extension is granted by
the secretary. An extension may be granted only if the applicant
can demonstrate that the delay was not deliberate and that the delay
will not present harm to human health, safety, water resources or
the environment;

(13) A procedure for the administrative resolution of
violations including the assessment of administrative civil
penalties;

(14) A procedure for any person adversely affected by a
decision or order of the secretary relating to the aboveground
storage tank program to appeal to the Environmental Quality Board,
pursuant to the provisions of article one, chapter twenty-two-b of
this code;

(15) In coordination and cooperation with the Bureau for Public
Health and the Division of Homeland Security and Emergency
Management, create a process and procedure for identifying any
aboveground storage tanks which are located within a defined zone of
critical concern for a public water system’s surface water intake or
within a defined source water protection area for a public water
system’s groundwater intake, and determining whether additional
permit requirements and inspections should be imposed on that tank
or facility by requiring the issuance of any new permit pursuant to
this article, or by amending any existing permit which may pertain
to that tank or facility, under this chapter, or by any other
article of this chapter;

(16) Requirements for maintaining written or electronic records
that log at least the following information for each aboveground
storage tank: tank numbers, additives, verifiable content levels,
deliveries, amounts and quantities, dispensing, repairs and
maintenance; and including the requirement that such logs be signed
by the owner or a designated responsible supervisor, and be
available for inspection upon request of the secretary; and

(17) Compliance with a nationally-recognized tank standard as
solely determined by the Department, shall be deemed compliance with the
requirements that are developed in accordance with subsection nine.

§22-30-6. Annual inspection and certification.

(a) Every owner or operator of an aboveground storage tank
regulated herein shall have an annual inspection of each tank
performed by a qualified registered professional engineer or a
qualified person working under the direct supervision of a
registered professional engineer, regulated and licensed by the
State Board of Registration for Professional Engineers, or by an
individual certified to perform tank inspections by the American
Petroleum Institute, or by a person holding certification under
another program approved by the secretary. Every owner or operator
shall submit, on a form prescribed by the secretary, a certification
from the engineer that each tank, associated equipment, leak
detection system and secondary containment structure meets the
minimum standards established by this article or by the secretary by
rule.

(b) The certification form shall be submitted to the secretary
on or before January 1, 2015, and each year thereafter.

§22-30-7. Financial responsibility.

The secretary shall promulgate rules requiring owners and
operators to provide evidence of adequate financial resources to
undertake reasonable corrective action for releases of fluid from
aboveground storage tanks. The means of demonstrating adequate
financial responsibility may include, but not be limited to,
providing evidence of current insurance, guarantee, surety bond,
letter of credit, proof of assets, trust fund or qualification as a
self insurer.

§22-30-8. Corrective action.

(a) Prior to the effective date of the emergency and
legislative rules promulgated pursuant to the authority granted
under this article, the secretary is authorized to:

(1) Require the owner or operator to develop a preliminary
corrective action plans taking into consideration the types of
fluids and types of tanks on the premises;

(2) Require the owner or operator of an aboveground storage
tank to undertake prompt corrective action to protect human health,
safety, water resources or the environment from contamination caused
by a release; or

(3) Undertake immediate corrective action with respect to any
release or threatened release of fluid from an aboveground storage
tank when, in the judgment of the secretary, the action is necessary
to protect human health, safety, water resources or the environment
from contamination caused by a release.

(b) The corrective action undertaken or required by this
section shall be what may be necessary to protect human health,
water resources and the environment from contamination caused by a
release, including the ordered cessation or closure of a source of
contamination and the ordered remediation of a contaminated site.
The secretary shall use funds in the Protect Our Water Fund
established pursuant to this article for payment of costs incurred
for corrective action taken by the secretary in accordance with this
article. In undertaking corrective actions under this section and
in issuing orders requiring owners or operators to undertake the
actions, the secretary shall give priority to releases or threatened
releases of fluid from aboveground storage tanks that pose the
greatest threat to human health, water resources or the environment.

(c) Following the effective date of rules promulgated pursuant
to this article, all actions or orders of the secretary shall be in
conformity with those rules. Following the effective date of the
rules, the secretary may undertake corrective action with respect to
any release or threatened release of fluid from an aboveground
storage tank only if, in the judgment of the secretary, the action
is necessary to protect human health, safety, water resources or the
environment from contamination, and one or more of the following
situations exists:

(1) If no person can be found within thirty days, or a shorter
period as may be necessary to protect human health, safety, water
resources and the environment, who is an owner or operator of the
aboveground storage tank at issue and who is capable of carrying out
the corrective action properly;

(2) A situation exists that requires immediate action by the
secretary under this section to protect human health, safety, water
resources or the environment;

(3) The cost of corrective action to be expended on an
aboveground storage tank exceeds the amount of resources that the
owner or operator can reasonably be expected to possess based on the
information required to be submitted pursuant to this article and,
considering the fluid being stored in the aboveground storage tank
in question, expenditures from the Protect Our WaterFund are
necessary to assure an effective corrective action; or

(4) The owner or operator of the tank has failed or refused to
comply with an order of the secretary under this article or of the
Environmental Quality Board under article one, chapter twenty-two-b
of this code to comply with appropriate corrective action measures
ordered by the secretary or the Environmental Quality Board.

(d) The secretary may draw upon the Protect Our Water Fund in
order to take action under subdivision (1) or (2), subsection (c) of
this section if the secretary has made diligent good-faith efforts
to determine the identity of the owner or operator responsible for
the release or threatened release and:

(1) The secretary is unable to determine the identity of the
owner or operator in a manner consistent with the need to take
timely corrective action; or

(2) The owner or operator determined by the secretary to be
responsible for the release or threatened release has been informed
in writing of the secretary’s determination and has been requested
by the secretary to take appropriate corrective action but is unable
or unwilling to take proper action in a timely manner.

(e) The written notice to the owner or operator must inform the
owner or operator that if it is subsequently found liable for
releases pursuant to this section, the owner or operator will be
required to reimburse the Protect Our Water Fund for the costs of
the investigation, information gathering, and corrective action
taken by the secretary.

(f) If the secretary determines that immediate response to an
imminent threat to human health, safety, water resources or the
environment is necessary to avoid substantial injury or damage
thereto, corrective action may be taken pursuant to this section
without the prior written notice required by subdivision (2),
subsection (d) of this section. In that case, the secretary must
give subsequent written notice to the owner or operator within
fifteen days after the action is taken describing the circumstances
that required the action to be taken and setting forth the matters
identified in subsection (e) of this section.

§22-30-9. Spill prevention response plan.

(a) Within 180 days of the effective date of this article, each
owner or operator of an aboveground storage tank shall submit a
spill prevention response plan for each aboveground storage tank.
Owners and operators of aboveground storage tanks shall file updated
plans required to be submitted by this section no less frequently
than every three years. Each plan shall be site-specific,
consistent with the requirements of this article, and developed in
consultation with Bureau for Public Health, county and municipal
emergency management agencies. The spill prevention response plan
shall at a minimum:

(1) Identify and describe the activity that occurs at the site
and identify applicable hazard and process information, including a
specific listing and inventory of all types of fluids stored, amount
of fluids stored, and wastes generated that are stored in
aboveground storage tanks at the facility. The plan shall include
the material safety data sheets (MSDS) required by the Occupational
Safety and Health Administration for all fluids in use or stored in
aboveground storage tanks at the facility. The material safety data
sheets must include the health hazard number identified by the
National Fire Protection Association. The plan shall also include
drawings of the aboveground storage tank facility, including the
locations of all drainage pipes and water outlets;

(2) Identify all facility-related positions with duties and
responsibilities for developing, implementing and maintaining the
facility’s plan. The plan shall describe in detail the chain of
command at the aboveground storage tank facility and list all
facility emergency coordinators and all known emergency response
contractors;

(3) Provide a preventive maintenance program that includes
monitoring and inspection procedures, including identification of
stress points, employee training programs and security systems. The
plan shall include a description of potential sources and areas
where spills and leaks may occur by drawings and plot plans and
shall identify specific spill prevention measures for those
identified areas;

(4) Detail the specific response that the aboveground storage
tank facility and contract emergency personnel shall take upon the
occurrence of any release of fluids from an aboveground storage tank
at the facility;

(5) Provide contact information obtained by the owner or
operator of the aboveground storage tanks from the county and
municipal emergency management agencies and the nearest downstream
public water supply intake, and designate the person or persons to
be notified in the event of a release from an aboveground storage
tank; and

(6) Provide the secretary with all other requested information.

(b) Each owner of an aboveground storage tank with an approved
spill prevention response plan shall submit to the secretary a
revised plan or addendum to the plan in accordance with the
requirements of this article if any of the following occur:

(1) There is a substantial modification in design,
construction, operation or maintenance of any aboveground storage
tank or associated equipment, or there are other circumstances that
increase the potential for fires, explosions or releases of fluids;

(2) There is a substantial modification in emergency equipment
at the facility;

(3) There are substantial changes in emergency response
protocols at the aboveground storage tank facility;

(4) The plan fails in an emergency;

(5) The removal or the addition of any aboveground storage
tank; or

(6) Other circumstances occur about which the secretary
requests an update.

(c) The secretary shall approve the spill prevention response
plan or reject the plan and require modifications as may be
necessary and reasonable to assure the protection of the source
water of a public water system from a release of fluids from an
aboveground storage tank. If rejected, the owner of the aboveground
storage tank shall submit a revised plan to the secretary for
approval within thirty days of receipt of notification of the
secretary’s decision. Failure to comply with a plan approved by the
secretary pursuant to this section is a violation of this article.

(d) Nothing contained in this section relieves the owner or
operator of an aboveground storage tank from his or her obligation
to report any release immediately to the department’s emergency
notification telephone number.

§22-30-10. Notice to local governments and water companies.

The owner or operator of an aboveground storage tank facility
shall provide as required by the secretary public notice to any
public water system where the facility is located within the
system’s identified groundwater supply’s Source Water Protection
Area or within the system’s surface water supply’s Zone of Critical
Protection, to the local municipality, if any, and to the county in
which the facility is located. The notice shall provide a detailed
inventory of the type and quantity of fluid stored in aboveground
storage tanks at the facility and the material safety data sheets
(MSDS) associated with the fluid in storage. The owner or operator
shall also provide as required by the secretary a copy of the spill
prevention response plan and any updates thereto, which have been
approved by the secretary pursuant to this act, to the applicable
public water systems and county and municipal emergency management
agencies.

§22-30-11. Required signage.

Every aboveground storage tank shall display the signage, if
any, required by the Occupational Safety and Health Administration;
the tank registration number, when issued by the secretary; and the
emergency contact number for the owner or operator of the tank and
the emergency contact number for the Department of Environmental
Protection’s Spill Reporting Hotline. For the purposes of this
section, the requirements for prominently posted signage shall be
specified in the rules proposed for promulgation by the secretary
pursuant to this article and article three, chapter twenty-nine-a of
this code.

§22-30-12. Aboveground Storage Tank Administrative Fund.

(a) The secretary shall collect annual registration fees from
owners or operators of each aboveground storage tank in an amount to
be promulgated in the legislative rules authorized by this article
to be used by the secretary to defray the costs of administering
this article: Provided, That for facilities covered by an
individual National Pollutant Discharge Elimination System (NPDES)
permit, a permit issued under Article 6 or 6A of this chapter or a
Spill Prevention Control and Countermeasure plan, no separate
registration fee or permit fee shall be assessed pursuant to this
article. All registration and permit fees and the net proceeds of
all fines, penalties and forfeitures collected under this article,
including accrued interest, shall be paid into a special revenue
account, hereby created within the State Treasury, designated the
“Aboveground Storage Tank Administrative Fund.”

(b) At the end of each fiscal year, any unexpended balance,
including accrued interest, on deposit in the Aboveground Storage
Tank Administrative Fund shall not be transferred to the general
revenue fund, but shall remain in the Aboveground Storage Tank
Administrative Fund for expenditure pursuant to this section.

§22-30-13. Protect Our Water Fund.

(a) Each owner or operator of an aboveground storage tank
located in this state shall pay an annual fee to establish a fund to
assure adequate response to leaking aboveground storage tanks:
Provided, That for facilities covered by an individual National
Pollutant Discharge Elimination System (NPDES) permit, a permit
issued under Article 6 or 6A of this chapter or a Spill Prevention
Control and Countermeasure plan, no separate registration fee or
permit fee shall be assessed pursuant to this article. The amount of
fees assessed pursuant to this section shall be set forth by rule.
The fees must be sufficient to cover the regulatory oversight and
services to be provided by designated agencies, including necessary
technical and administrative personnel. The proceeds of the
assessment shall be paid into a special revenue account, hereby
created within the State Treasury, designated the “Protect Our Water
Fund.” The fund shall be administered by the secretary.
Expenditures from the fund shall be solely to respond to leaking
aboveground storage tanks, and are not authorized from collections
but are to be made only in accordance with appropriation by the
Legislature and in accordance with the provisions of article three,
chapter twelve of this code and upon the fulfillment of the
provisions set forth in article two, chapter eleven-b of this code:
Provided, That for the fiscal years ending June 30, 2014 and 2015,
expenditures are authorized from collections rather than pursuant to
an explicit appropriation by the Legislature. At the end of each
fiscal year, any unexpended balance, including accrued interest, on
deposit in the Protect Our Water Fund shall not be transferred to
the general revenue fund, but shall remain in the Protect Our Water
Fund for expenditure pursuant to this section.

(b) Each owner or operator of an aboveground storage tank
subject to a fee assessment under subsection (a) of this section
shall pay a fee based on the number of aboveground storage tanks he
or she owns or operates, as applicable. The secretary shall vary
the fees annually to a level necessary to produce a sufficient fund
at the beginning of each calendar year.

(c) At the end of each fiscal year, any unexpended balance,
including accrued interest, on deposit in the Protect Our Water Fund
shall not be transferred to the General Revenue fund, but shall
remain in the Protect Our Water Fund.

(d) The secretary may enter into agreements and contracts and
to expend the moneys in the fund for the following purposes:

(1) Responding to aboveground storage tank releases when, based
on readily available information, the secretary determines that
immediate action is necessary to prevent or mitigate significant
risk of harm to human health, safety, water resources or the
environment from contamination caused by a release of fluid from
aboveground storage tanks in situations for which no federal funds
are immediately available for the response, cleanup or containment:
Provided, That the secretary shall apply for and diligently pursue
all available federal funds at the earliest possible time;

(2) Reimbursing any nonresponsible parties for reasonable
cleanup costs incurred with the authorization of the secretary in
responding to an aboveground storage tank release; or

(3) Reimbursing any nonresponsible parties for reasonable costs
incurred with the authorization of the secretary responding to
perceived, potential or threatened releases from aboveground storage
tanks.

(e) The secretary, through a cooperative agreement with another
state regulatory agency, in this or another state, may use the fund
to compensate the cooperating agency for expenses the cooperating
agency incurs in carrying out regulatory responsibilities that
agency may have pursuant to this article.

§22-30-14. Public access to information.

(a) The public shall have access to all documents and
information submitted to the agency, subject to the limitations
contained in the state Freedom of Information Act, article one,
chapter twenty-nine-b of this code. Records, reports or information
obtained from any persons under this article may be disclosed to
other officers, employees or authorized representatives of this
state or federal agency implementing the provisions of this article
or any other applicable law related to releases of fluid from
aboveground storage tanks that impact the states water resources.(b) A list of the potential sources of significant
contamination contained within the zone of critical concern as
provided by the Department of Environmental Protection, the Bureau
for Public Health and the Division of Homeland Security and
Emergency Management may be disclosed. The exact location of the
contaminants within the zone of critical concern is not subject to
public disclosure in response to a Freedom of Information Act
request under article one, chapter twenty-nine-b of this code.
However, the location, characteristics and approximate quantities of
potential sources of significant contamination within the zone of
critical concern shall be made known to one or more designees of the
public water utility, and shall be maintained in a confidential
manner by the public water utility. In the event of a chemical
spill, release or related emergency, information pertaining to any
spill or release of contaminant shall be immediately disseminated to
any emergency responders responding to the site of a spill or
release, and the general public shall be promptly notified in the
event of a chemical spill, release or related emergency.

§22-30-15. Inspections, monitoring and testing.

(a) For the purposes of developing or assisting in the
development of any rule, conducting any study, taking any corrective
action or enforcing any provision of this article, any owner or
operator of an aboveground storage tank shall, upon request of the
secretary:

(3) Permit the secretary, at all reasonable times, to inspect
and copy records relating to aboveground storage tanks; and

(4) Permit the secretary to have access to the aboveground
storage tanks for corrective action.

(b) For the purposes of developing or assisting in the
development of any rule, conducting any study, taking corrective
action or enforcing any provision of this article, the secretary
may:

(1) Enter at any time any establishment or other place where an
aboveground storage tank is located;

(2) Inspect and obtain samples of any fluid contained in an
aboveground storage tank from any person;

(3) Conduct monitoring or testing of the aboveground storage
tanks, associated equipment, contents or surrounding soils, surface,
water or groundwater; and

(4) Take corrective action as specified in this article.

(c) Each inspection shall be commenced and completed with
reasonable promptness.

(d) To ensure protection of the water resources of the state
and compliance with any provision of this article or rule
promulgated thereunder, the secretary shall inspect at least
annually any aboveground storage tank facility located within the
Zone of Critical Concern of a public water system with a public
surface water supply source or a public surface water influenced
groundwater supply source.

§22-30-16. Administrative orders; injunctive relief.

(a) When the secretary determines, on the basis of any
information, that a person is in violation of any requirement of
this article or the rules promulgated thereunder, the secretary may
issue an order stating with reasonable specificity the nature of the
violation and requiring compliance within a reasonable specified
time period, or the secretary may commence a civil action in the
circuit court of the county in which the violation occurred or in
the circuit court of Kanawha County for appropriate relief,
including a temporary or permanent injunction. The secretary may,
except as provided in subsection (b) of this section, stay any order
he or she issues upon application, until the order is reviewed by
the Environmental Quality Board.

(b) In addition to the powers and authority granted to the
secretary by this chapter to enter into consent agreements,
settlements, and otherwise enforce this chapter, the secretary shall
propose rules for legislative approval to establish a mechanism for
the administrative resolution of violations set forth in this
article through consent order or agreement as an alternative to
instituting a civil action.

§22-30-17. Civil and criminal penalties.

(a) Any person who fails to comply with an order of the
secretary issued under subsection (a), section sixteen of this
article within the time specified in the order is liable for a civil
penalty of not more than $25,000 for each day of continued
noncompliance.

(b) Any owner or operator of an aboveground storage tank who
knowingly fails to register or obtain a permit required by this
article for an aboveground storage tank or submits false information
pursuant to this article is liable for a civil penalty not to exceed
$10,000 for each aboveground storage tank that is not registered or
permitted or for which false information is submitted.

(c) Any owner or operator of an aboveground storage tank who
fails to comply with any requirement of this article or any standard
promulgated by the secretary pursuant to this article is subject to
a civil penalty not to exceed $10,000 for each day of violation.

(d) Any person who knowingly and intentionally violates any
provision of this article shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be confined in a regional jail for a
period of time not exceeding one year, and be fined an amount not to
exceed $25,000.

(e) Any person convicted of a second or subsequent willful
violation of subsection (d) of this section or knowingly and
willfully violates any provision of any permit, rule or order issued
under or subject to the provisions of this article is guilty of a
felony and, upon conviction, shall be imprisoned in a correctional
facility not less than one nor more than three years, or fined not
more than $50,000 for each day of violation, or both fined and
imprisoned.

(f) Any person may be prosecuted and convicted under the
provisions of this section notwithstanding that none of the
administrative remedies provided in this article have been pursued
or invoked against said person and notwithstanding that civil action
for the imposition and collection of a civil penalty or an
application for an injunction under the provisions of this article
has not been filed against such person.

(g) Where a person holding a permit is carrying out a program
of pollution abatement or remedial action in compliance with the
conditions and terms of the permit, the person is not subject to
criminal prosecution for pollution recognized and authorized by the
permit.

(h) Civil penalties are payable to the secretary. All moneys
collected under this section for civil fines collected under this
article shall be deposited into a restricted account known as the
“Protect Our Water Fund.” All money deposited into this account
shall be used by the secretary to solely to respond to leaking
aboveground storage tanks.

§22-30-18. Appeal to Environmental Quality Board.

Any person aggrieved or adversely affected by an order of the
secretary made and entered in accordance with the provisions of this
article may appeal to the Environmental Quality Board, pursuant to
the provisions of article one, chapter twenty-two-b of this code.

§22-30-19. Duplicative enforcement prohibited.

No enforcement proceeding brought pursuant to this article may
be duplicated by an enforcement proceeding subsequently commenced
under some other article of this code with respect to the same
transaction or event, unless the subsequent proceeding involves the
violation of a permit or permitting requirement of other article.

§22-30-20. Reporting and accountability.

(a) Every year, the secretary shall submit a report to the
Joint Legislative Oversight Commission on State Water Resources and
the Joint Committee on Government and Finance which assesses the
effectiveness of this article and provides other information as may
be requested by the commission to allow it to assess the
effectiveness of this article, including without limitation the
secretary’s observations concerning all aspects of compliance with
this article and any legislative rules promulgated pursuant hereto,
the regulatory process, and any pertinent changes to federal rules
or regulations.

(b) The secretary shall keep accurate accounts of all receipts
and disbursements related to the administration of the Aboveground
Storage Tank Administrative Fund and shall make a detailed annual
report to the Joint Legislative Oversight Commission on State Water
Resources and the Joint Committee on Government and Finance
addressing the administration of the fund.

(c) The secretary shall keep accurate accounts of all receipts
and disbursements related to the administration of the Protect Our
Water Fund and shall make a specific annual report to the Joint
Legislative Oversight Commission on State Water Resources and the
Joint Committee on Government and Finance addressing the
administration of the fund.

§22-30-21. Interagency cooperation.

(a) In implementation of this article, the secretary shall
coordinate with the Department of Health and Human Resources, the
West Virginia Public Service Commission, the Division of Homeland
Security and Emergency Management and local health departments to
ensure the successful planning and implementation of this act,
including consideration of the role of those agencies in providing
services to owners and operators of aboveground storage tanks and
public water systems.

(b) The secretary shall also coordinate with state and local
emergency response agencies to prepare and issue appropriate
emergency response plans to facilitate a coordinated emergency
response and incident command and communication between the owner or
operator of the aboveground storage tank, the state and local
emergency response agencies and the affected public water system.

(c) The secretary shall also coordinate with the State Fire
Marshal in addressing the periodic inspection of local fire
departments to include a requirement for inspectors to examine and
identify the status of National Incident Management System fire
department personnel training.

§22-30-22. Imminent and substantial danger.

(a) Notwithstanding any other provision of this chapter to the
contrary, upon receipt of evidence that an aboveground storage tank
may present an imminent and substantial danger to human health,
water resources or the environment, the secretary may bring suit on
behalf of the State of West Virginia in the Circuit Court of Kanawha
County against any owner or operator of an aboveground storage tank
who has contributed or who is contributing to imminent and
substantial danger to public health, safety, water resources or the
environment to order the person to take action as may be necessary
to abate the situation and protect human health, safety, water
resources and the environment from contamination caused by a release
of fluid from an aboveground storage tank.

(b) Upon receipt of information that there is any aboveground
storage tank that presents an imminent and substantial danger to
human health, safety, water resources or the environment, the
secretary shall provide immediate notice to the appropriate state
and local government agencies and any affected public water system.
In addition, the secretary shall require notice of any danger to be
promptly posted at the aboveground storage tank facility containing
the aboveground storage tank at issue.

§22-30-23. Promulgation of rules.

The secretary shall promulgate emergency and legislative rules
as necessary to implement the provisions of this article in
accordance with the provisions of article three, chapter
twenty-nine-a of this code.

§22-30-24. Powers and duties of secretary.

(a) In addition to the powers and duties prescribed in this
chapter or otherwise provided by law, the secretary has the
exclusive authority to perform all acts necessary to implement this
article.

(b) The secretary may receive and expend money from the federal
government or any other sources to implement this article.

(c) The secretary may revoke any registration, authorization or
permit for a violation of this article or the rules promulgated
hereunder

(d) The secretary may issue orders, assess civil penalties,
institute enforcement proceedings and prosecute violations of this
article as necessary.

(e) The secretary, in accordance with this article, may order
corrective action to be undertaken, take corrective action or
authorize a third party to take corrective action.

(f) The secretary may recover the costs of taking corrective
action, including costs associated with authorizing third parties to
perform corrective action. Costs may not include routine inspection
and administrative activities not associated with a release.

§22-30-25. Scope of article; waiving additional permitting
requirements for certain categories of aboveground storage
tanks; establishing a process for granting waivers for
additional categories of ground storage tanks, by legislative
rule, upon verification that the category of tanks are
regulated under comparable or more rigorous protective state or
federal standards.

(a) While all aboveground storage tanks shall be required to
participate in the inventory and registration process set forth in
section four of this article, the following categories of containers
and tanks shall not be required to be permitted under section five
of this article, either because they do not represent a substantial
threat of contamination, or they are currently regulated under
standards which meet or exceed the protective standards and
requirements set forth in this article:

(4) A pipeline facility, including gathering lines, regulated
under the Natural Gas Pipeline Safety Act of 1968 or the Hazardous
Liquid Pipeline Safety Act of 1979, or an intrastate pipeline
facility regulated by the West Virginia Public Service Commission or
otherwise regulated under any state law comparable to the provisions
of either the Natural Gas Pipeline Safety Act of 1968 or the
Hazardous Liquid Pipeline Safety Act of 1979;

(6) A mobile tank, truck or rail car that is located on a site
for less than sixty consecutive calendar days;

(7) Liquid traps or associated gathering lines related to oil
or gas production and gathering operations;

(8) A surface impoundment, pit, pond or lagoon;

(9) Above ground storage tanks for which spill prevention,
control, and countermeasure plans are required by the Environmental
Protection Agency (EPA) under 40 CFR part 112 [oil pollution
prevention], unless located within a zone of critical protection.

(b) The Department of Environmental Protection may designate,
by legislative rule, additional categories of aboveground storage
tanks which for which an individual aboveground storage tank permit
may be waived, after confirming that the tank is regulated under an
existing state or federal regulatory permit or enforceable standard
which includes, but is not limited to, the following:

(1) Secondary containment with an impermeable base, which is
sufficient to fully contain the contents of the tank or the contents
of the largest tank in the group of tanks in the event of a leak
from spilling out onto the ground or adjacent surface water;

(2) Spill prevention, leak detection and control and inspection
requirements which meet or exceed the standards established by the
article or by rules promulgated thereunder;

(3) Regular inspections and routine integrity testing
requirements which are equally protective to the requirements
established pursuant to this article or any rules promulgated
thereunder; and

(4) Emergency response and notification requirements which are
at least as prompt and comprehensive as the emergency response and
notification requirements established by this article or any rules
promulgated thereunder.

(c) In lieu of requiring a separate permit issued under this
section, the secretary may adopt rules that would allow the
requirements of this article to be incorporated into, and enforced
through, the state-only portion of a National Pollutant Discharge
Elimination System (NPDES) permit or a permit under Article 6 or 6A
of this chapter.

(d) If the aboveground storage tank or tanks’ location is to be
regulated pursuant to a general NPDES permit or an individual NPDES
permit, the secondary containment, spill prevention, leak detection
and control requirements, inspection requirements, reporting
requirements and routine integrity testing requirements for that
tank or tanks are to be specifically set forth as enforceable permit
conditions and requirements.

ARTICLE 31. THE PUBLIC WATER SUPPLY PROTECTION ACT.

§22-31-1. Short title.

This article may be known and cited as the Public Water Supply
Protection Act.

§22-31-2. Legislative findings.

(a) The West Virginia Legislature finds that it is in the
public policy of the State of West Virginia to protect and conserve
the water resources which are relied upon by the state and its
citizens. The state’s water resources are vital natural resources
that are essential to maintain, preserve and promote human health,
quality of life and economic vitality of the state.

(b) The West Virginia Legislature further finds that it is the
public policy of the state that clean, uncontaminated water be
available for its citizens who are dependent on clean water as a
basic need for survival, and who rely on the assurances from public
water systems and the government that the water is safe to consume.

(c) The West Virginia Legislature further finds that it is the
public policy of the state that clean, uncontaminated water be
available to its businesses and industries that rely on water for
their economic survival, and the wellbeing of their employees. These
include hospitals and the medical industry, schools and educational
institutions, the food and hospitality industries, the tourism
industry, manufacturing, coal, natural gas and other industries.
Businesses and industries searching for places to locate or relocate
consider the quality of life for their employees as well as the
quality of the raw materials such as clean water.

(d) The Legislature further finds that large quantities of
fluids are stored in aboveground storage tanks, below ground storage
tanks, in impoundments and other locations which pose a threat of
potential contamination to surface waters and groundwaters which are
relied upon as primary sources of public water supplies in the
state. Emergency situations involving these fluids can and will
arise that may present a hazard to human health, safety, the water
resources, the environment and the economy of the state.

(e) It is important that the public water systems, the
responding emergency providers and regulatory inspectors and
personnel require complete and accurate information regarding the
volume, identity, characteristics and qualities of each potential
source of significant contamination to efficiently and accurately
anticipate and respond to any associated threat to the public posed
by a leak or spill event.

(f) The Legislature also finds it reasonable and appropriate to
impose additional regulatory oversight and reporting requirements
for potential contaminants which are in close proximity to a public
water intake, due to the sudden and devastating impact that
potential contaminants in that zone pose to a public water’s
system’s critical source of supply.

§22-31-3. Definitions.

For the purposes of this article:

(1) “Potential source of significant contamination” means a
facility or activity that store, uses or produces compounds with
potential for significant contaminating impact if released into the
source water of a public water supply.

(2) “Public water system” means;

(A) Any water supply or system which regularly supplies or
offers to supply water for human consumption through pipes or other
constructed conveyances, if serving at least an average of
twenty-five individuals per day for at least sixty days per year, or
which has at least fifteen service connections, and shall include:

(i) Any collection, treatment, storage and distribution
facilities under the control of the owner or operator of the system
and used primarily in connection with the system; and

(ii) Any collection or pretreatment storage facilities not
under such control which are used primarily in connection with the
system.

(B) A public water system does not include a system which meets
all of the following conditions:

(i) Consists only of distribution and storage facilities (and
does not have any collection and treatment facilities);

(ii) Obtains all of its water from, but is not owned or
operated by, a public water system which otherwise meets the
definition;

(iii) Does not sell water to any person; and

(iv) Is not a carrier conveying passengers in interstate
commerce.

(4) “Public groundwater supply source” means a primary source
of water supply for a public water system which is directly drawn
from a well, underground stream, underground reservoir, underground
mine or other primary source of water supplies which is found
underneath the surface of the state.

(5) “Public surface water supply source” means a primary source
of water supply for a public water system which is directly drawn
from rivers, streams, lakes, ponds, impoundments or other primary
sources of water supplies which are found on the surface of the
state.

(6) “Public surface water influenced groundwater supply source”
means a source of water supply from a public water system which is
directly drawn from an underground well, underground river or
stream, underground reservoir or underground mine, and the quantity
and quality of the water in that underground supply source is
heavily influenced, directly or indirectly, by the quantity and
quality of surface water in the immediate area.

(7) “Zone of Critical Concern” for a public surface water
supply is a corridor along streams within a watershed that warrant
more detailed scrutiny due to its proximity to the surface water
intake and the intake’s susceptibility to potential contaminants
within that corridor. The Zone of Critical Concern is determined
using a mathematical model that accounts for stream flows, gradient
and area topography. The length of the Zone of Critical Concern is
based on a five-hour time of travel of water in the streams to the
water intake, plus an additional 1/4 mile below the water intake.
The width of the Zone of Critical Concern is 1,000 feet measured
horizontally from each bank of the principal stream and 500 feet
measured horizontally from each bank of the tributaries draining
into the principal stream.

§22-31-4. Inventory of potential sources of significant
contamination in a Zone of Critical Concern; registration;
permitting; and notice.

(a) To assure protection of the water resources of the state,
the secretary, working in collaboration with the Bureau of Public
Health and the Division of Homeland Security and Emergency
Management, shall compile an inventory of all potential sources of
significant contamination contained within a public water system’s
Zone of Critical Concern for all public water systems whose source
of supply is obtained from a surface water supply source or a
surface water influenced groundwater supply source.

(b) If the secretary shall determine that a designated
potential significant source of contamination is not currently
permitted and subject to regulation by the secretary under one or
more articles of this chapter, and the secretary determines that the
public interest in protecting the public drinking waters of the
state warrant additional regulation and inspection of the site to
protect the public interests, the secretary may require the owner
and operator of that facility to register and obtain a permit for
its location pursuant to the provisions of this article.

(c) Within sixty days of the date receiving notice from the
secretary of the facility’s obligation to register pursuant to this
article, the owner or operator shall register the location pursuant
to the provisions of this section.

(d) The secretary shall prescribe a registration form for this
purpose within thirty days of the effective date of the enactment of
this article. Any potential significant sources of contamination
within a public water system’s defined Zone of Critical Concern
which are required to register with the Department of Environmental
Protection pursuant to this section shall do so within sixty days
from the receiving notice of their obligation to register.

(e) Any potential source of significant contamination placed
into service on and after the effective date of this section, but
prior to the establishment of a permit program, may be required to
register by the secretary at any time.

(f) The secretary may charge a reasonable fee to cover the cost
of the registration and permitting program. The fee may be set by
emergency and legislative rules proposed for promulgation in
accordance with the provisions of article three, chapter
twenty-nine-a of this code: Provided, That for facilities covered by
an individual National Pollutant Discharge Elimination System
(NPDES) permit, a permit issued under Article 6 or 6A of this
chapter or a Spill Prevention Control and Countermeasure plan, no
separate registration fee or permit fee shall be assessed pursuant
to this article.

§22-31-5. Promulgation of rules.

The secretary shall promulgate emergency and legislative rules
as necessary to implement the provisions of this article in
accordance with the provisions of article three, chapter
twenty-nine-a of this code.

§22-31-6. Powers and duties of secretary.

(a) In addition to the powers and duties prescribed in this
chapter or otherwise provided by law, the secretary has the
exclusive authority to perform all acts necessary to implement this
article.

(b) The secretary is authorized to utilize his or her authority
under the West Virginia Water Pollution Control Act to require
appropriate permitting and any other conditions or limitations to
assure protection of water intakes in zones of critical concern.

(c) The secretary may receive and expend money from the federal
government or any other sources to implement this article.

(d) The secretary may revoke any registration, authorization or
permit for a violation of this article or the rules promulgated
hereunder.

(e) The secretary may issue orders, assess civil penalties,
institute enforcement proceedings and prosecute violations of this
article as necessary.

(f) The secretary, in accordance with this article, may order
corrective action to be undertaken, take corrective action or
authorize a third party to take corrective action.

(g) The secretary may recover the costs of taking corrective
action, including costs associated with authorizing third parties to
perform corrective action. Costs may not include routine inspection
and administrative activities not associated with a release.

§22-31-7. Public access to information.

(a) Subject to the exemptions listed in section four, article
one, chapter twenty-nine-b of this code, the public shall have
access to all documents and information submitted to the agency in
accordance with this section pursuant to the state Freedom of
Information Act. Records, reports or information obtained from any
persons under this article may be disclosed to other officers,
employees or authorized representatives of this state or the United
States Environmental Protection Agency or of this state if the
officers, employees or authorized representatives are implementing
the provisions of this article or any other applicable law related
to releases of contaminants tanks that impact the state’s water
resources.

(b) In submitting data under this article, a person required to
provide the data may designate the data that he or she believes is
entitled to protection under this section and may submit the
designated data separately from other data submitted under this
article. A designation under this subsection shall be made in
writing and in a manner as the secretary may prescribe.

(c) The Department of Environmental Protection shall provide a
copy of the compiled list of contaminants in each Zone of Critical
Concern to the affected public water system, the Bureau for Public
Health, the Department of Environmental Protection and the Division
of Homeland Security and Emergency Management. This will enable
those entities to possess a compiled list of the types, quantities,
characteristics and locations of all of the known potential
contaminants within the Zone of Critical Concern for each public
water supply. If any of the submitted information is requested to
be kept confidential and good cause is found to grant the request,
for reasons of security or other legitimate public interest concern,
the protected information shall be redacted from public view and
kept confidential, and it shall not be subject to public release in
response to a Freedom of Information Act request under made under
chapter twenty-nine-b of this code.

§22-31-8. Inspections, monitoring and testing.

(a) For the purposes of developing or assisting in the
development of any rule, conducting any study, taking any corrective
action or enforcing any provision of this article, any owner or
operator of designated site of potential contamination within a Zone
of Critical Concern shall, upon request of the secretary:

(1) Furnish information relating to the site and potential
contaminants on the site, their aboveground and underground storage
tanks, their associated equipment and contents;

(2) Conduct reasonable monitoring or testing;

(3) Permit the secretary, at all reasonable times, to inspect
and copy records relating to the facilities and equipment used to
store or contain the potential contaminants; and

(4) Permit the secretary to have access to the site for
corrective action.

(b) For the purposes of developing or assisting in the
development of any rule, conducting any study, taking corrective
action or enforcing any provision of this article, the secretary
may:

(1) Enter at any time any establishment or other place where on
the site or where the potential contaminant is located;

(2) Inspect and obtain samples of any fluid contained or stored
on the site from any person;

(3) Conduct monitoring or testing of the site and any
associated aboveground storage tanks, underground storage tanks,
associated equipment, contents or surrounding soils, surface, water
or groundwater; and

(4) Take corrective action as specified in this article.

(c) Each inspection shall be commenced and completed with
reasonable promptness.

(d) To ensure protection of the water resources of the state
and compliance with any provision of this article or rule
promulgated thereunder, the secretary shall inspect at least
annually any designated site of potential contamination which is
located within the Zone of Critical Concern for a public water
system’s surface water intake.

(e) Due to the potential impact of contaminants within a Zone
of Critical Concern on public drinking water supplies, whenever
there is an apparent spill of a chemical or substance within a zone
of critical concern for a public water system, the Director of the
Bureau for Public Health, and his or her representatives or
designees, shall have the same right to enter, inspect and conduct
sampling and monitoring at any site that is extended by this article
to the Department of Environmental Protection.

§22-31-9. Prohibition of general NPDES permits within a Zone of
Critical Concern for sites with aboveground storage tanks; and
authorizing the Division of Environmental Protection to require
individual NPDES permit for any other site when deemed
appropriate.

Because of the potential public health impact of pollution to
downstream public water intakes in a watershed basin designated in
an area of critical concern, on and after September 1, 2014, any
permittee which presently holds a National Pollutant Discharge
Elimination System (NPDES) general permit pursuant to the West
Virginia Water Pollution Control Act which has an aboveground
storage tank as defined by Article 30 of this Chapter on a site
which is located within any public water system’s Zone of Critical
Concern must apply for and hold an individual permit under that Act.
The secretary shall also have the authority to require other holders
of a general NPDES permit to obtain an individual NPDES permit, when
deemed appropriate to protect the public water supply. Any general
NPDES permit held currently under that act shall remain in effect
until the individual NPDES permit is either issued or denied.

§22-31-10. Civil and criminal penalties.

(a) Any person who fails to comply with an order of the
secretary issued pursuant to this article the time specified in the
order is liable for a civil penalty of not more than $25,000 for
each day of continued noncompliance.

(b) Any owner or operator of a site designated as a potential
source of significant contamination within a Zone of Critical
Concern above a public water intake who knowingly fails to register
or obtain a permit for an aboveground storage tank or submits false
information pursuant to this article is liable for a civil penalty
not to exceed $10,000 for each aboveground storage tank that is not
registered or permitted or for which false information is submitted.

(c) Any owner or operator of a site designated as a potential
source of significant contamination within a Zone of Critical
Concern above a public water intake who fails to comply with any
requirement of this article or any standard promulgated by the
secretary pursuant to this article is subject to a civil penalty not
to exceed $10,000 for each day of violation.

(d) Any person who knowingly and intentionally violates any
provision of this article shall be guilty of a misdemeanor, and,
upon conviction thereof, shall be confined in a regional jail for a
period of time not exceeding one year, and be fined an amount not to
exceed $25,000.

(e) Any person convicted of a second or subsequent willful
violation of subsections (b) or (c) of this section or knowingly and
willfully violates any provision of any permit, rule or order issued
under or subject to the provisions of this article is guilty of a
felony and, upon conviction, shall be imprisoned in a correctional
facility not less than one nor more than three years, or fined not
more than $50,000 for each day of violation, or both fined and
imprisoned.

(f) Any person may be prosecuted and convicted under the
provisions of this section notwithstanding that none of the
administrative remedies provided in this article have been pursued
or invoked against said person and notwithstanding that civil action
for the imposition and collection of a civil penalty or an
application for an injunction under the provisions of this article
has not been filed against such person.

(g) Where a person holding a permit is carrying out a program
of pollution abatement or remedial action in compliance with the
conditions and terms of the permit, the person is not subject to
criminal prosecution for pollution recognized and authorized by the
permit.

§22-31-11. Appeal to Environmental Quality Board.

A person aggrieved or adversely affected by an order of the
secretary made and entered in accordance with the provisions of this
article may appeal to the Environmental Quality Board, pursuant to
the provisions of article one, chapter twenty-two-b of this code.

§22-31-12. Public Water System Supply Study Commission.

(a) There is hereby established the “Public Water System Supply
Study Commission” which is created for the purpose of studying and
reporting back to the Joint Committee on Government and Finance on
the following subject matters:

(1) A review and assessment of the effectiveness and the
quality of information contained in updated source water protection
plans required for certain public water systems by the provisions of
section nine-c, article one, chapter sixteen of this code;

(2) A review and assessment of the effectiveness of Legislation
enacted during the 2014 Regular Session of the West Virginia
Legislature, as it pertains to assisting public water systems in
identifying and reacting or responding to identified potential
sources of significant contamination, and increasing public
awareness and public participation in the emergency planning and
response process;

(3) The extent of available financing and funding alternatives
which are available to existing public water systems to pursue
projects which are designed to create alternate sources of supply or
increased stability of supply in the event of a spill, release or
contamination event which impairs the water system’s primary source
of supply;

(4) A review and consideration of the recommendations of the
U.S. Chemical Safety and Hazard and Investigation Board after its
investigation of the Bayer CropScience incident of 2008; and(5)
Any recommendations or suggestions the Study Commission may offer to
improve the infrastructure of existing public water systems, to
provide safe and reliable sources of supplies, and to pursue other
measures designed to protect the integrity of public water service.

(b) The study commission shall consist of the following twelve
members, who shall be appointed and comprised as follows:

(1) Four members appointed by the Governor, one of whom shall
be a professional engineer experienced in the design and
construction of public water systems; one of whom shall be a
hydrologist or other expert experienced in determining the flow
characteristics of rivers and streams; one of whom shall be an
environmental toxicologist or other public health expert who is
familiar the impact of contaminants on the human body; and one
citizen representative;

(2) One representative designated by the Rural Water
Association;

(3) One representative designated by the Municipal League;

(4) The Secretary of the Department of Environmental Protection
or his or her designee;

(5) The Commissioner of the Bureau for Public Health or his or
her designee;

(6) The Director of the Division of Homeland Security and
Emergency Management or his or her designee;

(7) The Chairman of the Public Service Commission or his or her
designee;

(8) One nonvoting member appointed by the President of the
Senate; and

(9) One nonvoting member appointed by the Speaker of the House
of Delegates.

(c) Reports by the Commission shall be submitted to the Joint
Committee on Government and Finance on or before December 15 of each
year, beginning December 15, 2014.

CHAPTER 24. PUBLIC SERVICE COMMISSION.

ARTICLE 2G. PUBLIC WATER UTILITIES MONITORING REQUIREMENTS.

§24-2G-1. Public water utilities required to install monitor for
contaminants.

All public water utilities that provide water to more than
100,000 customers, including public service districts providing
water service and municipally owned and operated utilities, subject
to the requirements and limitations of this article, shall implement
a regular monitoring system as specified to the same technical
capabilities for detection as utilized by the Ohio River Valley
Water Sanitation Commission.

§24-2G-2. Requirements.

(a) Each public water utility, public service district or
municipal water system, as set forth in section one of this article,
shall provide testing for contamination of its water supply by the
following contaminants:

(1) Salts or ions;

(2) Metals, including heavy metals;

(3) Polar organic compounds;

(4) Nonpolar organic compounds;

(5) Volatile compounds, oils and other hydrocarbons;

(6) Pesticides; and

(7) Biotoxins.

(B) Each public water utility is empowered to determine at its
discretion which of the contaminants listed in subsection (a) are
most likely to contaminate its water supply, and shall provide a
monitoring system which shall detect the three of the listed
contaminants deemed most likely to affect that water system:
Provided, Thateach public water utility shall file its list with
the commission: Provided, however, That any public water system
serving over one hundred thousand customers from any one treatment
plant is requested to test for all listed contaminants at each
treatment plant: Provided further, That if technology to adequately
detect contaminants, as required by this section proves to be not
feasible to implement, the public water utility shall report by
January 1, 2015, such to the Joint Committee on Government and
Finance with the reasons why such technology is not feasible to
obtain or use, and suggest alternatives.;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Com. Sub for Com. Sub for Senate Bill No. 373--A Bill to amend
and reenact §16-1-2 and §16-1-9a of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto two new sections,
designated §16-1-9c and §16-1-9d; to amend and reenact §22-26-2,
§22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8 of said code; to
amend said code by adding thereto a new article, designated
§22-30-1, §22-30-2, §22-30-3, §22-30-4, §22-30-5, §22-30-6,
§22-30-7, §22-30-8, §22-30-9, §22-30-10, §22-30-11, §22-30-12,
§22-30-13, §22-30-14, §22-30-15, §22-30-16, §22-30-17, §22-30-18,
§22-30-19, §22-30-20, §22-30-21, §22-30-22, §22-30-23, §22-30-24,
and §22-30-25; and to amend said code by adding thereto a new
article, designated §22-31-1, §22-31-2, §22-31-3, §22-31-4,
§22-31-5, §22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10,
§22-31-11 and §22-31-12, all relating to the protection of water
resources generally; providing for the regulation of the public
water systems by the commissioner of the bureau for public health;
requiring legislative rules therefore; modifying definitions;
providing for entry and evaluations of water systems; providing
civil penalties; authorizing commissioner to seek injunctive relief;
requiring public water utilities to provide source water protection
plans to the commissioner; specifying contents of plan; requiring
assessment and monitoring of plans; continuing wellhead and source
water protection grant program and fund to provide water source
protection; revising the water resources protection and management
act; modifying definitions; requiring state to protect waters;
modifying registration requirements; requiring reports to the
secretary of the department of environmental protection; requiring
reports by secretary to legislative entities; requiring continuation
of providing matching funds for stream-gauging network; modifying
duties of legislative commission; requiring water resources survey
and registry; information required from drilling contractors for
water systems; adopting state water resources management plan;
requiring reports from water users; establishing the aboveground
storage tank act; requiring the secretary to compile inventory of
aboveground storage tanks in the state; requiring registration and
authorizing registration fee; requiring secretary to develop
regulatory program for the tanks; providing minimum factors to be
included in program and authorizing fees; requiring annual
inspection and certification of the tanks; requiring evidence of
financial security; requiring correction action and plans to address
contamination of water caused by release of fluids from the tanks;
requiring spill prevention response plans for the tanks; requiring
notice of inventory of tanks to local water systems and governments;
requiring the posting of signs at the tanks; creating an
administrative fund and a fund to respond to leaking tanks;
authorizing public access to information; authorizing inspections,
monitoring and testing by secretary; authorizing secretary to issue
administrative orders and seek injunctive relief; providing civil
and criminal penalties; allowing appeals to environmental quality
board; prohibiting duplicative enforcement; requiring secretary to
report to legislative entities; requiring interagency coordination;
duties of secretary upon imminent and substantial danger; providing
additional duties and powers of secretary; providing categories of
tanks not required to be permitted under the act; creating the
public water supply protection act; requiring inventories of sources
of certain contaminants in the zones of critical concern of certain
public water systems; requiring registration and permits; providing
additional duties and powers of secretary; authorizing public access
to information; authorizing inspections, monitoring and testing by
secretary; authorizing secretary to require NPDES permits in certain
circumstances; providing civil and criminal penalties; allowing
appeals to environmental quality board; and creating public water
system supply study commission.

On motion of Senator Unger, the following amendments to the
House of Delegates amendments to the bill were reported by the Clerk
and considered simultaneously:

On page forty-six, section four, subsection (f), by changing
the colon to a period and striking out the remainder of the
sentence;

On page sixty, section twelve, subsection (a), by changing the
colon to a period and striking out the remainder of the sentence;

On page sixty-one, section thirteen, subsection (a), by
changing the colon to a period and striking out the remainder of the
sentence;

By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:

That §16-1-2 and §16-1-9a of the Code of West Virginia, 1931,
as amended, be amended and reenacted; that said code be amended by
adding thereto three new sections §16-1-9c, §16-1-9d and §16-1-9e;
that §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and §22-26-8
of said code be amended and reenacted; and that said code be amended
by adding thereto a new article, designated §22-30-1, §22-30-2,
§22-30-3, §22-30-4, §22-30-5, §22-30-6, §22-30-7, §22-30-8,
§22-30-9, §22-30-10, §22-30-11, §22-30-12, §22-30-13, §22-30-14,
§22-30-15, §22-30-16, §22-30-17, §22-30-18, §22-30-19, §22-30-20,
§22-30-21, §22-30-22, §22-30-23, §22-30-24 and §22-30-25; and that
said code be amended and reenacted by adding thereto a new article,
designated §22-31-1, §22-31-2, §22-31-3, §22-31-4, §22-31-5,
§22-31-6, §22-31-7, §22-31-8, §22-31-9, §22-31-10, §22-31-11 and
§22-31-12; and that said code be amended and reenacted by adding
thereto a new article, designated §24-2G-1 and §24-2G-2, all to read
as follows:;

And,

By striking out the title and substituting therefor a new
title, to read as follows:

Eng. Com. Sub. for Com. Sub. for Senate Bill No. 373--A Bill to
amend and reenact §16-1-2 and §16-1-9a of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto three new
sections, designated §16-1-9c, §16-1-9d and §16-1-9e; to amend and
reenact §22-26-2, §22-26-3, §22-26-5, §22-26-6, §22-26-7 and
§22-26-8 of said code; to amend said code by adding thereto a new
article, designated §22-30-1, §22-30-2, §22-30-3, §22-30-4,
§22-30-5, §22-30-6, §22-30-7, §22-30-8, §22-30-9, §22-30-10,
§22-30-11, §22-30-12, §22-30-13, §22-30-14, §22-30-15, §22-30-16,
§22-30-17, §22-30-18, §22-30-19, §22-30-20, §22-30-21, §22-30-22,
§22-30-23, §22-30-24, and §22-30-25; and to amend said code by
adding thereto a new article, designated §22-31-1, §22-31-2,
§22-31-3, §22-31-4, §22-31-5, §22-31-6, §22-31-7, §22-31-8,
§22-31-9, §22-31-10, §22-31-11 and §22-31-12; and to amend said code
all by adding thereto a new article, designated §24-2G-1 and §24-2G-2, all relating to the protection of water resources and public
health generally; defining terms generally; providing for rulemaking
generally; providing for civil and criminal penalties generally;
providing for the regulation of the public water systems by the
Commissioner of the Bureau for Public Health; providing for entry
into and evaluations of water systems; authorizing commissioner to
seek injunctive relief; requiring source water protection plans;
specifying contents of plan; requiring assessment and monitoring of
plans; requiring Bureau of Public Health to coordinate the conduct
of a long-term medical study; continuing wellhead and source water
protection grant program; continuing grant fund to provide water
source protection; revising the Water Resources Protection and
Management Act; modifying registration requirements; requiring
reports to the Secretary of the Department of Environmental
Protection; requiring reports by secretary to legislative entities;
requiring continuation of matching funds for stream-gauging network;
modifying duties of legislative commission; requiring water
resources survey and registry; requiring information drilling
contractors for water systems; adopting state water resources
management plan; requiring reports from certain water users;
establishing the Aboveground Storage Tank Act; requiring the
secretary to compile inventory of aboveground storage tanks in the
state; requiring registration; authorizing certain fees; requiring
secretary to develop regulatory program for the tanks; providing
minimum factors to be included in program; requiring annual
inspection and certification of the tanks; requiring evidence of
financial security; requiring corrective action and plans; requiring
spill prevention response plans; requiring notice of inventory of
tanks to local water systems and governments; requiring the posting
of signs at the tanks; creating an administrative fund; creating the
Protect Our Water Fund; authorizing public access to certain
information; authorizing inspections, monitoring and testing by
secretary; authorizing secretary to issue administrative orders and
seek injunctive relief; allowing appeals to environmental quality
board; prohibiting duplicative enforcement; requiring secretary to
report to legislative entities; requiring interagency coordination;
establishing duties of secretary upon imminent and substantial
danger; providing additional duties and powers of secretary
generally; providing certain exemptions; creating the public water
supply protection act; requiring inventories of sources of certain
contaminants in the zones of critical concern of certain public
water systems; requiring registration and permits; authorizing
inspections, monitoring and testing by secretary; requiring
individual NPDES permits in certain circumstances; authorizing
secretary to require NPDES permits in certain circumstances;
creating public water system supply study commission; membership of
study commission; scope of study; establishing reporting
requirements; requiring the establishment of advance warning,
testing and monitoring at certain water utilities; requiring certain
information be filed with the Public Water Commission; and requiring
utility to report back to Legislature if technology is infeasible.

Following discussion,

The question being on the adoption of Senator Unger’s
amendments to the House of Delegates amendments to the bill, the
same was put and prevailed.

On motion of Senator Unger, the Senate concurred in the House
of Delegates amendments, as amended.

Engrossed Committee Substitute for Committee Substitute for
Senate Bill No. 373, as amended, was then put upon its passage.

So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com.
Sub. for Com. Sub. for S. B. No. 373) passed with its Senate amended
title.

Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.

A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the Senate
in the House of Delegates amendments, as to

On motion of Senator Unger, the message on the bill was taken
up for immediate consideration.

The following House of Delegates amendments to the bill were
reported by the Clerk:

By striking out everything after the enacting section and
inserting in lieu thereof the following:

ARTICLE 4. SALARIES, WAGES AND OTHER BENEFITS.

§18A-4-14. Duty-free lunch and daily planning period for certain
employees.

(a) Notwithstanding the provisions of section seven, article
two of this chapter, every teacher who is employed for a period of
time more than one half the class periods of the regular school day
and every service person whose employment is for a period of more
than three and one-half hours per day and whose pay is at least the
amount indicated in the state minimum pay scale as set forth in
section eight-a of this article shall be provided a daily lunch
recess of not less than thirty consecutive minutes, and the employee
shall not be assigned any responsibilities during this recess. The
recess shall be included in the number of hours worked, and no
county shall increase the number of hours to be worked by an
employee as a result of the employee being granted a recess under
the provisions of this section.

(b) Every teacher who is regularly employed for a period of
time more than one half the class periods of the regular school day
shall be provided at least one planning period within each school
instructional day to be used to complete necessary preparations for
the instruction of pupils. No teacher may be assigned any
responsibilities during this period, and no county shall increase
the number of hours to be worked by a teacher as a result of such
teacher being granted a planning period subsequent to the adoption
of this section (March 13, 1982). The use of the e